Chandrashekhar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34155 of 2018 Arising Out of PS. Case No.-225 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== Chandrashekhar Rai , son of Hari Narayan Rai, resident of village- Bajitpur (Bandh), P.S.- Sahdei, District- Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-06-2018 Heard Sri Anish Chandra, learned counsel for the petitioner and Sri Parmeshwar Mehta, learned Addl. Public Prosecutor.
The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, has approached this Court for grant of bail, in the event of his arrest or surrender, in connection with Mahnar P.S. Case No.225 of 2017 registered for the offence under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In this case, the prayer for grant of anticipatory bail has been made purely on the ground of parity. Learned counsel for the petitioner submits that at least two accused persons almost on similar accusation have been extended the privilege of anticipatory bail. He submits that other
Patna High Court Cr.Misc. No.34155 of 2018(2) dt.14-06-2018 2/3 two accused persons, namely, Amod Kumar Ray @ Amod Ray@ Pappu @ Pappu Ray has been granted anticipatory bail by order dated 09.02.2018 vide Cr.Misc.No.3265 of 2018 and another accused, namely, Bhushan Rai @ Bhushan Kumar Ray was granted anticipatory bail on 01.05.2018 vide Cr.Misc.No.26427 of 2018. He further submits that other accused, who was arrested at the time of interception of a Scorpio vehicle, has also been enlarged on bail. Learned counsel for the petitioner submits that petitioner's name has come on the basis of disclosure made by co-accused as if the petitioner was identified, while fleeing away.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail, however he does not dispute the fact that two other accused persons have been extended the privilege of anticipatory bail.
Since in similar circumstances, two other accused persons have been extended the privilege of anticipatory bail by this Court, there is no reason to deny the same relief. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely,Chandrashekhar Rai be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the
Patna High Court Cr.Misc. No.34155 of 2018(2) dt.14-06-2018 3/3 like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum- Special Judge ( Excise Act), Vaishali at Hajipur, in connection with Mahnar P.S. Case No.225 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) nawalkrs/- U T