Ramashish Rai @ Chaturi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79932 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- ITARHI District- Buxar ====================================================== Ramashish Rai @ Chaturi Rai S/o- Shankar Rai Village- Kukurha Ps- Itarhi Dist-Buxar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Dr. Kamal Deo Sharma, Adv.
For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Ms. Rina Sinha, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Itarhi P.S. Case no. 192 of 2024 instituted for the offence under Sections 126, 115(2), 118, 109, 3(5), 303 of the Bharatiya Nyaya Sahita, 2023 and 27 of the Arms Act.
3. The case of the prosecution is that the informant was returning after seeing dance. The petitioner alongwith others caught his bike. The allegation against this petitioner is that he has assaulted with knife on the left hand of the informant. It is further alleged that Ajay Rai took the golden locket of the informant.
Patna High Court CR. MISC. No.79932 of 2024(2) dt.05-12-2024 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has been argued by the learned counsel for the petitioner that petitioner and informant are co-villagers. The occurrence is of 20.08.2024 whereas the FIR was lodged on 27.08.2024. The delay of seven days is not explained. The allegation against the petitioner is only that of assaulting with knife on hand which attracts utmost Section 118(1) of B.N.S. Act. A statement has been made in para-3 of this petition that the petitioner has got criminal antecedent of three cases and he is on bail in all the cases.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Itarhi P.S. Case no. 192 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.79932 of 2024(2) dt.05-12-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Buxar subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Suruchi/- U T