Surendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80925 of 2019 Arising Out of PS. Case No.-2 Year-1994 Thana- DERNI BAZAR District- Saran ====================================================== SURENDRA RAI S/O Panchilal Rai @ Panchi Ray Residence of Village - Sutihar Tola, Nawada, P.S. - Derni, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar Mr. Sushil Kumar For the Opposite Party/s :
Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 307/34, 447/427 of the Indian Penal Code and Section 3⁄4 of Explosive Substance Act.
Informant has alleged that on 15.01.1994, FIR named accused including petitioner variously armed came to his field and started ploughing it in which wheat and mustard were sown. At the time of occurrence, father of informant was returning after attending call of nature and forbade them from doing so upon which Surenddra Rai (petitioner) assaulted his father by means of lathi and another co-accused Bhagirath Rai
Patna High Court CR. MISC. No.80925 of 2019(3) dt.22-01-2020 2/2 took out a bomb from his bag and threw it on the informant and his father and thereafter informant and his father started fleeing but accused persons chased them upto their house and hurled two more bombs.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant the petitioner anticipatory bail. Hence, the prayer for bail of the petitioner is hereby rejected.
Petitioner if surrenders before the court below and applies for regular Bail, same to be considered on same day without being prejudiced by rejection of Anticipatory Bail. (S. Kumar, J) Sanjay/- U T