Hariar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79786 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Hariar Rai S/o Late Nathuni Rai @ Subelal Yadav R/o vill - Chamtha, P.S.- Bachhwara, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :
Mr. Rina Sinha, APP For the Informant :
Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Bachhwara P.S. Case No. 343 of 2023 instituted for the offences under Sections 147, 148, 149, 307, 384, 420, 120B, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that while the informant, his nephew and his neighbour were ploughing the field of the informant, co-accused persons came there and started firing indiscriminately and several bullets were fired, which passed from the side of their forehead and other body parts. It is also alleged that an unknown miscreant demanded
Patna High Court CR. MISC. No.79786 of 2024(4) dt.10-01-2025 2/3 extortion money to the tune of Rs. 5,00,000/- from the informant over mobile phone and also threatened to kill him. It is also alleged that one 'Sanjay Kumar Singh' and one 'Mukesh Kumar' along with his brother, 'Krishna Mohan Singh' hatched a conspiracy and fraudulently transferred the land of the informant to the accused persons.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that there is land dispute between the parties. The co-accused person has already been granted bail by this Court vide order dated 09.04.2024 passed in Cr. Misc. No. 27213 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.09.2024 and has six criminal antecedents, out of which he has been acquitted in three cases.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, no direct allegation against the petitioner as also the
Patna High Court CR. MISC. No.79786 of 2024(4) dt.10-01-2025 3/3 period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail 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 Bachhwara P.S. Case No. 343 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T