Binda Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61696 of 2022 Arising Out of PS. Case No.-678 Year-2022 Thana- BIHTA District- Patna ====================================================== BINDA RAI S/o Late Kamat Rai R/o Village- Amnabad P.S.- Bihta, DisttPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr.Adv Mrs. Usha Kumari Singh For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code and 27 of Arms Act.

As per the allegation, the petitioner alongwith other coaccused persons armed with rifles ordered to kill the husband of the informant. Sri Rai shot the husband of the informant with a rifle then Mandeep Rai and Amir Rai shot the informant. When the son and family members of the informant went to the place of occurrence, they found that the husband of the informant was not there. The blood stained Gamcha of the deceased was found there. The dead body has been thrown in the river to hide the evidence.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.61696 of 2022(2) dt.23-02-2023 2/2 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The specific allegation is against the co-accused Sri Rai, Mandeep Rai and Amir Rai. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bihta P.S. Case No.678 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T