Chandeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68800 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== CHANDESHWAR RAI Son of Late Nirshu Rai Resident of VillageBrahmpur, Police Station- Raghopur (Rustampur O.P.), District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that the three named accused persons came variously armed and surrounded the informant. Thereafter, the petitioner and three others came armed with country-made pistol. Pintu Rai fired on the informant but the informant was some how saved. The accused took away Rs. 25,000/-.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that the allegations against this petitioner are general and omnibus in

Patna High Court CR. MISC. No.68800 of 2021(2) dt.17-05-2022 2/2 nature. So far as the allegation of firing is concerned, it is solely against Pintu Rai. Even as per the allegations, no injury was caused as a result of firing by the aforesaid Pintu Rai. The petitioner is in custody since 11.8.2021 and chargesheet has been submitted in the case. He has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the allegation of firing being solely against Pintu Rai and the informant not having been injured as a result of the said firing together with the petitioner having remained in custody for 9 months, the petitioner is directed to be enlarged on bail in connection with Raghopur (Rustampur O.P.) P.S. Case no. 177 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T