Sanjay Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40783 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================
1. Sanjay Kumar Rai Son of Late Babu Lal Rai, Resident of VillageBabhan Toli, P.S.-Goraul, Dist.-Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 504, 506 and 189 of the Indian Penal Code. From the record it appears that brother-in-law of SHO is student of Babulal Rai Sarbodaya Uchcha Madhmik Vidyalaya. After taking admission his brother-in-law has neither attended the class nor appeared in the annual examination but SHO has wanted promotion which the Principal has refused who happens to be the wife of the petitioner. When she refused to do the same the SHO threatened her for which she has made complaint before the Superintendent of Police, Hajipur. In the present case, as per statement, SHO had gone to Village Babhan Toli in connection with investigation of Case
Patna High Court Cr.Misc. No.40783 of 2017 (2) dt.22-09-2017 No.153 of 2017. Allegation has been made against the petitioner and others that they started misbehaving with the police party, and also assaulted the police party by lathi and danda whereafter the police started fleeing away and whereafter Sanjay Rai opened firing.
Learned counsel for the petitioner submits that it is completely a concocted story. He has been implicated in the present case on account of non-fulfillment of the grievance of SHO.
Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Sanjay Kumar Rai, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No.154 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Vinay/- (Shivaji Pandey, J) U T