Hirday Rai @ Hirdey Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65023 of 2024 Arising Out of PS. Case No.-210 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== Hirday Rai @ Hirdey Rai, Son Of Gita Rai, Resident Of Makra, Police Station - Mokama, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Bachhawara P.S. Case No. 210 of 2019 registered for the offence punishable under Sections 147, 148, 149, 302, 504, 506 of the IPC & 27 of Arms Act.

3. The petitioner is member of the unlawful assembly named in the FIR. Co-accused Dharmendra Rai has caused firearm injury to the mother of the informant as a result where of she died. Investigation of the case is already complete.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the occurrence took place on 05.11.2019

Patna High Court CR. MISC. No.65023 of 2024(2) dt.27-09-2024 2/3 but F.I.R has been lodged on 07.11.2019, after delay of two days without any cogent explanation of delay. He submits that petitioner is the member of mob and co-accused Dharmendra Rai is the shooter of the deceased and the petitioner and some others name has been added after consultation of enemies of the petitioner. He submits that the petitioner has two criminal antecedents as stated in para-3 of the bail application and he is languishing in judicial custody since 15.03.2024.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, on furnishing bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the leaned lower Court where the case is pending/successor Court in connection with Bachhawara P.S. Case No. 210 of 2019, subject to the conditions:

(a) The bailor shall be the resident of territorial jurisdiction the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.65023 of 2024(2) dt.27-09-2024 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Anjani Kumar Sharan, J) Suruchi/- U T