The High Court at Patna granted anticipatory bail to the petitioner in a case involving murder, attempted murder, and other serious offences, allowing arrest or surrender for release on bail bonds.
Anticipatory bail granted on surrender/arrest within four weeks with bail bond of Rs. 10,000 and two sureties of the like amount.
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.2778 of 2022
Arising Out of PS. Case No.-353 Year-2019 Thana- MINAPUR District- Muzaffarpur
======================================================
Ratan Ray Son Of Late Jittu Rai R/O Village- Darhi Patti, Police StationMinapur, District- Muzaffarpur.
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 18-10-2022
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner is apprehending his arrest in a
case registered for the offences punishable under Sections 341, 326, 307, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per F.I.R is that coaccused Manoj Prasad, Sarpanch of Koili Panchayat was sent to jail regarding his involvement in illicit trade of liquors and he had threatened to kill the uncle of the
informant namely Deep Narain Prasad as according to Manoj Prasad, his uncle had informed the police and got
him arrested. It is further alleged that on 02.07.2019 at
Patna High Court CR. MISC. No.2778 of 2022(3) dt.18-10-2022 2/3
about 1:30 P.M., his uncle along with Raja Sharma and Shatrughan Sahani was proceeded for Muzaffarpur by motorcycle and petitioner and others conspired with the accused Sunil Kumar and told him that Deep Narain Prasad, uncle of the informant has left his house just now and directed them to kill Deep Narain Prasad. Thereafter Sunil Kumar, Sushil Prasad and Shailendra Prasad @ Munna Prasad proceeded in search of Deep Narain Prasad. After a brief chase, Sunil Kumar fired indiscriminately causing injury on the head of Deep Narain Prasad, as a result of which he died at the spot. It is further stated that two others namely Raja Sharma and Shatrughan Sahani fell down and sustained grievous injuries for which they are undergoing treatment in the hospital.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case since the petitioner has lodged a case against the informant’s side. There is general and omnibus
Patna High Court CR. MISC. No.2778 of 2022(3) dt.18-10-2022 3/3
allegation against the petitioner. The specific accusation of causing fire to the deceased is against co-accused Sunil Kumar. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East, Muzaffarpur in connection with Minapur P.S. Case No. 353 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under Sections 341, 326, 307, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
1 provisions across 1 enactments
Ratan Ray
State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
