Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55956 of 2022 Arising Out of PS. Case No.-678 Year-2022 Thana- BIHTA District- Patna ====================================================== Nagendra Rai S/o Baikunth Rai @ Baikunth Sharan Singh, Resident of Village- Amnabad, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bihta P.S. Case No. 678 of 2022, lodged under Sections 302, 201, 34 of the Indian Penal Code read with Section 27 of the Arms Act.

As per prosecution case, the informant had disclosed that on 13.07.2022 at about 11.30 his son has come to his house and went with him for searching of his buffalo at Sonediara. In Sonediara they reached near a hut and have seen that 12 named persons are there keeping rifle in their hand and as soon as they have seen the husband of the informant, accused persons ordered to kill him due to the reason that he has not left the disputed land. The specific allegation of making fire is upon Srirai, Mandeep Kumar and Amir Rai.

Patna High Court CR. MISC. No.55956 of 2022(3) dt.21-02-2023 2/2 Learned counsel for the petitioner submits that as per the allegation, it transpires that petitioner is a member of mob, there is no specific allegation against the present petitioner. Learned counsel for the petitioner further submits that the entire F.I.R. is basically based on a hearsay material. He also submits that antecedent of petitioner is clean and he is in custody since 15.07.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateI, Danapur, District Patna in connection with Bihta P.S. Case No. 678 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T