Jitendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7929 of 2024 Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna ====================================================== JITENDRA RAI S/O RAGHUVANSH RAI @ RAGHUVANSH ROY R/O VILLAGE- NAGATOLA GORIYA ASTHAN, P.S- MANER, DISTTPATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoranjan Kumar, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 379, 160, 216, 302, 120(B) of the Indian Penal Code Section 27 of the Arms Act.
3. According to F.I.R., accusation against two rival gangs is of making indiscriminate firing against each other. When the police reached at the spot and took position, the accused persons fled away from the place of occurrence. The local villagers and Chowkidar disclosed the name of the petitioner.
4. It is submitted that petitioner is not named in the F.I.R. and his name transpired during course of investigation.
Patna High Court CR. MISC. No.7929 of 2024(2) dt.20-02-2024 2/2 The only material against the petitioner is that he was seen at the place of occurrence by some witnesses. There is no allegation that the petitioner has participated in the alleged occurrence. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 07.07.2023 passed in Cr. Misc. No. 24396 of 2023.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Danapur (Patna) in connection with Bihta P. S. Case No. 999 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T