Ramatar Rai @ Ram Avatar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54850 of 2022 Arising Out of PS. Case No.-509 Year-2019 Thana- MANER District- Patna ====================================================== RAMATAR RAI @ RAM AVATAR RAI Son of Jogindra Rai @ Rajendra Singh @ Rajendra Ray Resident of village - Haldi Chhapra Saat Ana, P.S.- Maner, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 509 of 2019, registered for the offences punishable under Sections 341, 323, 386, 387, 307, 147, 148, 120B of the Indian Penal Code and section 27 of the Arms Act.

As per allegation, when the informant was going with his boat to load sand, some persons intercepted his ways. One co-accused Manoj Kumar Rai abused him and demanded Rs. 50,000/- as ransom. He asked the informant that he has to pay ransom at the rate of Rs. 5,000 per boat. He fired shot, which hit brother of the informant namely, Mukesh Kumar. Thereafter, 16 named persons including the petitioner, fled away therefrom.

Patna High Court CR. MISC. No.54850 of 2022(3) dt.06-02-2023 2/2 The learned counsel for the petitioner has submitted that there is specific allegation against co-accused Manoj Kumar Rai that he fired shot. There is no allegation in the FIR against the petitioner and the 16 named persons, except that they fled away after hearing the sound of fire shot. The petitioner is a person of clean antecedent.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Miss Kanchan Prabha learned Judicial Magistrate, 1st Class, Danapur in connection with Maner P.S. Case No. 509 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T