Gupta Rai @ Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1501 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== GUPTA RAI @ SUNIL RAI S/o Ramjeet Rai R/o Village- Semra, P.S.- Koilwar, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, 25 named and 30-35 unknown persons resorted to indiscriminate firing leading to death of father of informant and one other person on the spot itself.

It is submitted on behalf of petitioner that informant is no eye-witness to the occurrence and only on suspicion, name of the petitioner transpired in this case. There is general and omnibus allegation. Similarly situated co-accused namely Kallu Rai and Anil Rai have already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 25.02.2023 passed in Cr.Misc. No. 66082 of 2022.

Patna High Court CR. MISC. No.1501 of 2023(2) dt.19-06-2023 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 C.J.M., Bhojpur at Ara in connection with Koilwar P.S. Case No. 55 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with following two conditions:- "(i) One of the bailor must be family member of the petitioner, who shall provide official document to show his/her bona fide, (ii) Petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for concellation of his bail-bond."

(Prabhat Kumar Singh, J) anay/- U T