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Patna High CourtCR. MISC./63225/2017bail granted

Raghu Rai v. The State Of Bihar

2018-01-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63225 of 2017 Arising Out of PS.Case No. -202 Year- 2015 Thana -BANIAPUR District- SARAN ====================================================== Raghu Rai, s/o Shivjee Rai, r/o vill-Chhatwakala, PS- Baniyapur, DistSaran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Baniyapur PS case no. 202 of 2015 registered for the offences punishable under Sections 307 and other sections of Indian Penal Code.

The allegation against the accused persons is assaulting the prosecution side resulting in them sustaining various injuries.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, there is no allegation of any specific overt act against him and whatsoever allegation is there is against one Shiv Shankar Rai and Manish Rai who are the co-accused persons in the present case. It is further submitted that

Patna High Court Cr.Misc. No.63225 of 2017 (3) dt.30-01-2018 2/2 injuries found on the person of the prosecution side who were injured during the said altercation, are stated to be simple in nature. It is next submitted that the petitioner has a clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in connection with Baniyapur PS case no. 202 of 2015 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T