In a criminal bail petition under Session Case No. 336 of 2016, the Patna High Court granted bail to petitioner Ravi Shankar Rai. The Court, observing parity with another accused who was already granted bail, directed release on furnishing bond and sureties.
Petitioner directed to be released on bail by furnishing bonds of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21200 of 2018
Arising Out of PS.Case No. -336 Year- 2016 Thana -PIRO District- BHOJPUR
====================================================== 1. Ravi Shankar Rai, S/o Ramjee Rai, Resident of Village- Diliya, P.S.Chouri, District- Bhojpur.
.... .... Petitioner/s Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 11-04-2018
Heard learned Counsel for the petitioner and the State.
Petitioner, already in custody since 22.12.2017, seeks bail in Piro PS Case No. 336 of 2016 registered under Section 302/34 of the IPC and Section 27 of the Arms Act.
The allegation in brief is that while the informant’s son was playing game on mobile in the evening the accused persons after breaking the door entered and shot at his son, on hearing the sound of gun shot the informant came in the courtyard and found Shashi Bhushan Rai and Kumud Rai both armed with pistol giving threatening to the informant that if no compromise is made family members will be eliminated one by one.
Learned Counsel for the petitioner submits that the petitioner is not said to be armed, only two persons Shashi Bhushan and Kumud are said to have been armed with pistol, informant’s son was killed by fire arm and similarly situated another accused Dipu Rai was admitted to bail by a coordinate Bench of this Court vide Cr. Misc. No. 17009 of 2017, so he seeks bail of the petitioner on the ground of parity.
Having considered the aforesaid facts and circumstances, as
Patna High Court Cr.Misc. No.21200 of 2018 (2) dt.11-04-2018
2
the case of the petitioner also stands on similar footing with Dipu Rai so the petitioner namely Ravi Shankar Rai too is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM lst, Bhojpur at Ara in connection with Piro PS Case No. 336 of 2016.
(Arun Kumar, J)
Snkumar/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner on the ground of parity with another accused already released on bail.
Whether the facts of the present case stand on similar footing to the case of Dipu Rai for granting bail.
3 provisions across 2 enactments
Ravi Shankar Rai
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
