Single judge allowed anticipatory bail to four petitioners facing arrest in a riot case involving murder and grievous hurt. Bail granted subject to bond and sureties.
Petitioners released on anticipatory bail on furnishing Rs. 25,000 bond each with two sureties within six weeks.
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.16774 of 2020
Arising Out of PS. Case No.-98 Year-2019 Thana- MAHINDWARA District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar, Advocate For the Opposite Party/s : Mr.Pancha Nand Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
The petitioners apprehend their arrest in connection with Mahindwara P.S. Case No. 98 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.
The prosecution case, in brief, is that on 19.07.2019 at about 7 P.M., one Pramod Sahni had laid a water pipe across the Government Kharanja road by removing the bricks. The informant and his brother deceased Rajaram Rai went there. Coaccused Shiv Bachchan Rai and Dinesh Rai also went there and they scolded Pramod Sahni for removing bricks from the road. They caught the informant’s brother and took their house and
Patna High Court CR. MISC. No.16774 of 2020(4) dt.14-10-2020 2/3
assaulted him. On protest, somehow his brother escaped from there and came to his Darwaja. It is also alleged that the F.I.R. named accused including the petitioners came variously armed with Farsa, Lathi, Danda, Bamboo and co-accused Shiv Bachchan Rai assaulted with Farsa on the head of informant’s brother Raja Ram Rai and other accsued assaulted with Lathi, rod and bamboo. When his cousin nephew Bhikhari Rai came to rescue Raja Ram Rai, he was also assaulted by Shiv Bachchan Rai with Farsa blow on his head. Raja Ram Rai was admitted in S.K.M.C., Muzaffarpur where he succumbed to his injury.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He further submits that the petitioners have got no any criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The main allegation is against coaccused Shiv Bachchan Rai. As far as the petitioners are concerned, general and omnibus allegation has been made against him. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted bail by order dated 16.06.2020 passed in Cr. Misc. No.133 of 2020.
Learned A.P.P. for the State has opposed the prayer for
bail.
Patna High Court CR. MISC. No.16774 of 2020(4) dt.14-10-2020 3/3
In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, District- Sitamarhi in connection with Mahindwara P.S. Case No. 98 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Nasimul/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners facing arrest under multiple serious offences ranging from riot causing hurt to murder.
1 provisions across 1 enactments
Prabhu Rai and Others
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
