Fantus Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72824 of 2024 Arising Out of PS. Case No.-320 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Fantus Rai S/o Lalho Rai R/o Village- Raghunathpur, Ps- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-10-2024 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State 2.

The accused/petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 320 of 2022 registered for the offences punishable under Sections 120-B, 147, 148, 149, 379, 427, 337, 420, 467, 468 and 471 of the Indian Penal Code.

3. The petitioner is named in the FIR and is in custody since 25.05.2024.

4. The allegation against the petitioner is to open indiscriminate firing upon informant alongwith 33 named and 20 unknown co-accused persons, where

Patna High Court CR. MISC. No. 72824 of 2024(2) dt.18-10-2024 2/3 occurrence arises out of previous land disputes with further allegation that accused person including these petitioners took away cash of Rs. 25,000/- (Rupees Twenty-five Thousand only) from the elder brother of the informant and also snatched golden chain from him.

5. Learned counsel appearing on behalf of the petitioners submitted that petitioner falsely implicated with the present case out of land dispute arises from a piece of land bearing Khasra No. 305, 308, 711, 712 and 713 situated in village Raghunathpur, where both parties appears to be agnate. It is submitted that allegation is appearing very much general and omnibus against this petitioner. It is also submitted that similarly situated co-accused persons have already granted anticipatory bail by this Court through Cr. Misc. No. 78267 of 2023 vide order dated 10.05.2024 & Cr. Misc. No. 78269 of 2023 vide order dated 10.05.2024, respectively. While concluding the argument, it is submitted that investigation of this case is completed,

Patna High Court CR. MISC. No. 72824 of 2024(2) dt.18-10-2024 3/3 for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of the facts and circumstances as mentioned above and by taking note of nature of allegation which is appearing very much general and omnibus against this petitioner, arising out of land dispute, accordingly petitioner above named, is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 320 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Begusarai/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) kiran/- U T