Patna High CourtCR. MISC./61614/2023bail granted

Raja Kumar v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61614 of 2023 Arising Out of PS. Case No.-376 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== 1.

Raja Kumar 2.

Pramod Kumar @ Pramod Rai Both sons of Sakaldeep Rai, Resident Of Village - Didarganj, Chekpost, Ward No.72, P.S. - Didarganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Arvind Kumar Pradhan, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar, learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Didarganj P.S.Case No.376 of 2022 , registered for the offences punishable under Sections 342, 324, 307, 120(b)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution story, in brief, is that the brother-in-law of the informant, namely, Surendra Rai fired several rounds and one bullet shot in the leg of the daughter of the informant, due to the family dispute in partition of the land between them. The police recovered one loaded magazine and an empty cartridge

Patna High Court CR. MISC. No.61614 of 2023(2) dt.16-10-2023 2/2 from his possession.

4. Learned counsel appearing on behalf of the petitioner submits that there is property dispute between the parties. The main allegation is against co-accused Surendra Rai, who fired upon the daughter of the informant. The allegation is general and omnibus in nature. Two more cases are pending against the petitioners, which have also been lodged by the informant side.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions of the parties and the nature of allegation, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Ms. Somya Shekhar, J.M. Ist Class Patna City, in connection with Didarganj P.S.Case No.376 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U