Sambhunath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.284 of 2023 Arising Out of PS. Case No.-316 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== SAMBHUNATH RAI S/o Late Radhakrishna Rai R/v- Sarangpur, P.S.- Shahpur (Bahoranpur), District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Prasad Yadav, Adv.
For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 504, 506 of the IPC and 27 of the Arms Act.
As per the prosecution case, on the alleged date of occurrence, all the F.I.R. named accused persons including the petitioners, forming two groups were firing indiscriminately upon each other. The police recovered empty cartridges from the house of one Surendra Rai.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. The allegation leveled against the petitioner is not specific
Patna High Court CR. MISC. No.284 of 2023(3) dt.04-07-2023 2/2 rather general and omnibus in nature. In the alleged occurrence, no person has sustained any injury. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for 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 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 Shahpur (Bahoranpur) P.S. Case No.316/21, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T