Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64751 of 2018 Arising Out of PS.Case No. -167 Year- 2018 Thana -BAKHARI District- BEGUSARAI ====================================================== Sunil Rai, S/o Jhalak Mahto, Resident of Village-Sugga, P.S. Bakhri, District-Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Adv. For the State : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that having heard sound of firing, the informant came out of his house and saw the petitioner and other accused. It is alleged that three unknown persons also came at his door and made firing..

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. None is said to have been injured in course of occurrence. Hence, No offence u/S 307 of the Indian Penal Code is made out.

Patna High Court Cr.Misc. No.64751 of 2018 (2) dt.25-10-2018 Rest of the offences are triable by Magistrate. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Santita Rani, learned Additional Chief Judicial Magistrate-V-cum-Sub Judge-III, Begusarai in connection with Bakhari P.S. Case No. 167 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T