Randhir Rai @ Randhir Singh @ Randhir Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75632 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- JURAWANPUR District- Vaishali ====================================================== Randhir Rai @ Randhir Singh @ Randhir Ram S/o- Vashisht Rai @ Vashisht Singh Resident of Village- Raghopur West P.S. Jurawanpur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Musowir, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jurawanpur P.S. Case No. 70 of 2024 instituted for the offences under Sections 323, 324, 341, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the accusation against the petitioner is of assaulting the Informant on his head with the butt of the revolver and of also firing a bullet, which touched his left temple and hit him in the eye, ear and other parts of his body.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.75632 of 2024(2) dt.23-10-2024 2/3 against him and has falsely been implicated in the present case. He submits that the date of occurrence is 29.04.2024 but, the F.I.R. has been lodged on 06.05.2024 i.e. after a delay of six days which creates doubt in the prosecution case. The Informant was examined by the doctor in the P.H.C., Raghopur but, the opinion has been kept reserved. The petitioner has no criminal antecedent and is languishing in judicial custody since 08.05.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named in the F.I.R. and there is direct and specific allegation against him and, hence, he does not deserve bail. He further submits that the charge-sheet bearing charge-sheet no.126/24 dated 04.08.2024 has been submitted against the petitioner under Sections 341, 323, 324, 307, 504 of the I.P.C. and Section 27 of the Arms Act.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail
Patna High Court CR. MISC. No.75632 of 2024(2) dt.23-10-2024 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jurawanpur P.S. Case No. 70 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T