Rambabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86247 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Rambabu Rai Son of Late Deoki Rai, Resident of Village - Chirayan, P.S.- Bakhatiyarpur, Distt.- Patna.

2.

Pappu Rai @ Pappu Kumar Son of Ram Babu Rai, Resident of Village - Chirayan, P.S.- Bakhatiyarpur, Distt.- Patna. 3.

Bablu Rai Son of Ram Babu Rai, Resident of Village - Chirayan, P.S.- Bakhatiyarpur, Distt.- Patna.

4.

Kanchan Rai @ Kanchan Kumar Son of Ram Babu Rai, Resident of Village - Chirayan, P.S.- Bakhatiyarpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr.M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bakhtiyarpur P.S. Case No.134 of 2019 registered for offence punishable under sections 448, 323, 504, 506, 307/34 of the Indian Penal Code and 27 of the Arms Act. The dispute arose on account of grazing of bufallo that led to altercation.

It is alleged that one Randhir Kumar took out pistol and fired six round, but it did not cause any harm. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.86247 of 2019(2) dt.20-02-2020 2/2 the incident has taken place on 24.04.2019, but the information has been given to the police on 26.04.2019 after two days without explaining the delay for lodging the F.I.R.. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 1st Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiyarpur P.S. Case No.134 of 2019, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.