Narendra Prasad Rai @ Nagendra Prasad Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.5929 of 2017 (2) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5929 of 2017 Arising Out of PS.Case No. -580 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Narendra Prasad Rai @ Nagendra Prasad Rai, Son of late Bishwanath Rai, resident of village and Police Station- Kuchhila, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Buxar Town P.S Case No. 580 of 2016 registered for the offences punishable under Sections 341, 504, 506, 307, 302 and 120-B of the Indian Penal Code and Section 27 of the Arms Act. At the very outset, it is submitted on behalf of petitioner that in this case similarly situated co-accused persons namely, Pankaj Kumar Rai, Ras Bihari Rai, Awadhesh Prasad, Ramashish Singh, Paras Nath Pandey and Rakesh Pandey have been allowed pre-arrest bail vide order dated 20.02.2017 passed in Criminal Miscellaneous No. 6065 of 2017 by another co-ordinate Bench of this Court and the case of the petitioner is on similar

Patna High Court Cr.Misc. No.5929 of 2017 (2) dt.21-02-2017 footing, neither he is the assailant nor he has made any firing. Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the petitioner and others are causing threats and informatory petition has been filed in this regard. Due to enmity the petitioner and others have caused the occurrence.

In the facts and circumstances stated above, considering that similarly situated other co-accused have been allowed bail by another co-ordinate bench of this Court and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No. 580 of 2016 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T