Uma Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27812 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Uma Shankar Rai, Son of Parikchan Rai, Resident of Village- Narsama, P.S.- Riga, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashhar Mustafa, Advocate For the Opposite Party : Mr. Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Riga P.S. Case No. 04 of 2015 registered for the offences punishable under Sections 394, 323, 504 and 386 of the Indian Penal Code and under Section 27 of the Arms Act. Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that there was a history of previous enmity between the petitioner and the informant of the present case, the reason assigned for such enmity is that the petitioner had filed a case earlier against the informant party as his son had been brutally assaulted by them for which

Patna High Court Cr.Misc. No.27812 of 2016 (3) dt.26-10-2016 2/2 Riga P.S. Case No. 168 of 2014 had been lodged by the present petitioner. It is further submitted that after due enquiry, the police submitted final form and the case against the present petitioner and other accused persons has been found to be false. In view of such facts and that there being no cogent material in the case diary to support the case of the prosecution, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 04 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T