The Patna High Court granted bail to the petitioner in a criminal case involving rioting, extortion, murder, and other cognizable offences under the IPC and Arms Act. The petitioner was allowed bail upon furnishing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.18682 of 2020
Arising Out of PS. Case No.-590 Year-2019 Thana- MANER District- Patna
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MUNNA RAI, aged about 36 years, Male, S/o Vijay Rai Fauzi @ VIJAY RAI @ FAUZI @ VIJOY RAI, R/o village- Daudpur, P.S.- Shahpur, DistrictPatna ... Petitioner
Versus The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Nilesh Kumar, Adv. For the Opposite Party : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
3 23-06-2020
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.
The petitioner seeks bail in connection with Maner P.S. Case No. 590 of 2019, registered under Sections 147, 148, 149, 387, 307, 302, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.
The accusation is that informant, Mithlesh Kumar, was engaged in constructing the house on his land, at that time, Hemanshu Rai, Bhushan Rai, Ravi Ranjan Kumar, Gajendra Rai, Munna Rai, Jai Prakash Rai and Ashok Kumar came and made demand of ransom of rupees four lakhs. The informant made protest. Again, 25 persons, including the aforementioned persons and petitioners, along with unknown variously armed with weapons started damaging the new constructed wall. When informant made protest, then, Hemanshu Rai fired from rifle causing injury to Raj Kumar, the nephew of the informant, Shyamakant Rai fired from rifle at labourers, which hit Harendra Rai, a labourer, who died on spot. Jai Prakash Rai fired from his licensed rifle, which hit at the right hand of Upendra Narain
Patna High Court CR. MISC. No.18682 of 2020(3) dt.23-06-2020 2/2
Rai, cousin of the informant. At that time, Raj Kumar, other cousin of the informant also sustained injury. Rhitik Kumar snatched the cash of Rs.30,000/-.
Submission is that it would appear from the first information report that while the petitioner is named in the first information report along with others, but, no specific overt act has been attributed against the petitioner. Further, submission is that while the petitioner is accused in Maner P.S. Case No. 589 of 2019, as detailed in paragraph 4 of the supplementary affidavit, but, as submitted by the learned counsel for the petitioner, at bar that he is on bail.
Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Maner P.S. Case No. 590 of 2019 to the satisfaction of the Judicial Magistrate, 1st Class, Danapur, Patna.
(Rajendra Kumar Mishra, J)
Shamshad/-
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving serious offences including murder and dispute over land.
Munna Rai
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
