Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87033 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

Manoj Rai Son of Neman Rai R/O Vill.- Birpur Nanhki Tola, Ward no. 12, P.S.- Jurawanpur, Dist.- Vaishali.

2.

Mukesh Rai @ Mukesh Kumar Son of Neman Rai R/O Vill.- Birpur Nanhki Tola, Ward no. 12, P.S.- Jurawanpur, Dist.- Vaishali. 3.

Nand Rai @ Nand Kumar Son of Fudena Rai R/O Vill.- Birpur Nanhki Tola, Ward no. 12, P.S.- Jurawanpur, Dist.- Vaishali. 4.

Upendra Rai @ Upendra Kumar Son of Nagina Rai R/O Vill.- Birpur Nanhki Tola, Ward no. 12, P.S.- Jurawanpur, Dist.- Vaishali. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha, Sr. Adv.

:

Mr. Bhola Kumar, Adv.

:

Mr. Surendra Kumar Singh, Adv.

:

Mr. Ravi Shankar, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2.

The petitioners apprehends their arrest in a case registered for the offence punishable u/s 147, 341, 447, 354, 504, 506 and 307 of the IPC and Section 27 of the Arms Act. 3.

The allegation against the petitioners is of firing upon one Raju Kumar, which hit his left leg and he fell down. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence.

Patna High Court CR. MISC. No.87033 of 2024(2) dt.18-12-2024 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners that they had fired upon the injured person. There is land dispute between the parties. Petitioner no. 1, 3 and 4 have one criminal antecedent and petitioner no. 2 has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that there is no specific overt act against the petitioners to fire upon the injured person,let the above named petitioners be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jurawanpur P.S. Case No.156 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Suruchi/- U T