Hemant Rai @ Hemansh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60211 of 2022 Arising Out of PS. Case No.-80 Year-2017 Thana- PANDARAK District- Patna ====================================================== Hemant Rai @ Hemansh Rai Son Of Late Raj Kumar Rai R/O VillageChamtha Gop Tola, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 25.05.2022 in connection with Pandarak P.S. Case No. 80 of 2017, F.I.R. dated 16.09.2017 for the offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

According to prosecution case, in brief, is that the informant, namely, Ajit Kumar Singh, P.S.I. posted at Special Task Force stating therein that on 15.09.2017 a secret information got in S.T.F. Headquarter that veteran criminal Ram Janam Yadav and his associates are assaulted with an intention to commit serious crime. On this information police party proceeded to Pandarak Diyara and on 16.09.2017 at about 6:00

Patna High Court CR. MISC. No.60211 of 2022(6) dt.13-04-2023 2/3 A.M. police party reached and proceeded towards 200 meters north then criminals have started firing upon the police party thereafter police force also made counter firing. One constable, who fell down because of firing and bullet not peered in the body. He asked to surrender them but the firings continued. Criminals have committed about 75 rounds of firing. After about two hours the criminal entered into the river and escaped from there. The police made seizure of all the seized weapons which belongs to criminals. They have identified as Ram Janam Yadav, Pappu Mahto, Ajay Yadav, Heman Rai (petitioner), Manoj Rai, Biski Rai, Yugo Rai and 6-7 unknown.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that as per allegation as alleged in the F.I.R. is that more than 150 round firing was from both side and in such circumstances the police has identified one of the accused as petitioner and the petitioner was not arrested at the spot.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner submits that petitioner carries eight criminal antecedents other than the present one but petitioner is not on bail in any other

Patna High Court CR. MISC. No.60211 of 2022(6) dt.13-04-2023 3/3 cases as stated in Para-3 of the bail petition. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Pandarak P.S. Case No. 80 of 2017 pending in the court of learned Additional Chief Judicial Magistrate-I, Barh, Patna.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T