Vidya Bhushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86452 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== VIDYA BHUSHAN RAI Son of Sri Lal Babu Ray Resident of VillageBakarpur, Post Office-Chak Sikandar, Police Station-Raja Pakar, DistrictVaishali, Pin Code-844115. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kishun Chand Kumar Sinha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Raja Pakar P.S. Case No. 199 of 2019 for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)A, 26, 35 of the Arms Act. The allegation is regarding the police having received secret information that some miscreants have assembled and are planning to commit dacoity, whereupon the police had reached there and arrested the co-accused persons and recovered some arms and upon interrogation, they are said to have named the petitioner to be their accomplice.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.86452 of 2019(2) dt.24-01-2020 2/3 that the petitioner is named accused in one case bearing Raja Pakar P.S. Case No. 200 of 2019, arising out of the same occurrence, hence it is submitted that out of one occurrence, two cases have been filed and the petitioner is apprehending arrest, therefore, the privilege of anticipatory bail be granted to the petitioner herein.

The learned A.P.P. has opposed the prayer for bail and has submitted that the accused persons were conspiring to commit dacoity.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner has not been apprehended from the spot and his name transpired in the confessional statement of a co-accused person and has virtually a clean antecedent, I deem fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XIII, Hajipur

Patna High Court CR. MISC. No.86452 of 2019(2) dt.24-01-2020 3/3 (Vaishali), in connection with Raja Pakar P.S. Case No. 199 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T