Sanjay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43411 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Sanjay Kumar Rai Som of Late Babu Lal Rai Resident of village- Babhan 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. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-10-2017 Heard both sides.

The petitioner apprehends his arrest in Goraul P.S. case No. 153 of 2017 for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that on the order of petitioner Bipin Kumar fired but the shot did not hit the informant. The learned counsel for the petitioner submits that there is no allegation of firing against the petitioner. Goraul P.S. case No. 154 of 2017 is registered on the basis of statement of Mahendra Paswan, A.S.I., of Goraul P.S. in which the petitioner has already enlarged on anticipatory bail by this court vide order dated 22.09.2017 passed in Cr. Misc. No. 40983 of 2017. The wife

Patna High Court Cr.Misc. No.43411 of 2017 (3) dt.03-10-2017 2/2 of petitioner is teacher in Sarvodaya High School. Brother-in-law of S.H.O. of Goraul P.S. was admitted in the school and the S.H.O. wanted that his brother-in-law be promoted in higher class and when the wife of the petitioner refused the petitioner has falsely been implicated in the case as well as in Goraul P.S. case No. 154 of 2017.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that there is no specific allegation of firing against the petitioner, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. case No. 153 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T