Allowed

Arun Rai v. The State of Bihar

Patna HC7 Jul 2023/24396/2023

Case brief

AI extract

What is this about?

The High Court disposed of multiple anticipatory bail applications filed by petitioners accused of gang firing offenses. Considering the lack of specific overt acts and the surrender provisions, the court enlarged the petitioners on bail upon arrest or surrender within six weeks.

What did the court decide?

Petitioners enlarged on bail on arrest or surrender within six weeks by furnishing bond of Rs. 25,000 with two sureties of like amount.

Arun Rai Vs The State of Bihar — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24396 of 2023

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Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna

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======================================================

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Arun Rai Son Of Baiju Rai Resident Of Village- Sikandarpur, Ps- Bihta, Distt- Patna

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Deepak Kumar @ Deepak Ray Arun Rai Sikandarpur, P.S Bihta, District Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 25668 of 2023

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Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna

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======================================================

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GOPAL RAI @ GOPALJEE RAY S/O SHIPERSAN RAI RESIDENT OF VILLAGE- RAIPUR BINGAWAN, P.S.- BABURA, DISTRICT- BHOJPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 29201 of 2023

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Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna

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======================================================

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Amar Ray S/O Ram Lal Rai @ Ramlal Rai Resident Of Village- Tata Colony, Madhopur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 30178 of 2023

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Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna

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======================================================

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Bulu Rai @ Bablu @ Bablu Rai S/O Bihari Rai Resident Of Village- Neel Kanth Tola, Goraiya Sthan Maner, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 32806 of 2023

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Patna High Court CR. MISC. No.24396 of 2023(2) dt.07-07-2023 2/4

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Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna

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======================================================

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Manohar Rai @ Manohar Yadav Son Of Late Lalit Rai @ Lalit Yadav Resident Of Village - Chakiya, P.S. - Doriganj, Distt. - Saran (chapra)

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 41263 of 2023

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Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna

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======================================================

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Navin Kumar Son Of Sri Nivas Ray @ Shri Ray R/O Aamnabad, Ps- Bihta, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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Appearance : (In CRIMINAL MISCELLANEOUS No. 24396 of 2023) For the Petitioner/s : Mr.Patanjali Rishi Mr. Akash Deep For the Opposite Party/s : Mr.Manoj Kumar (In CRIMINAL MISCELLANEOUS No. 25668 of 2023) For the Petitioner/s : Mr.Patanjali Rishi For the Opposite Party/s : Mr.Sanjay Kumar Tiwary (In CRIMINAL MISCELLANEOUS No. 29201 of 2023) For the Petitioner/s : Mr.Patanjali Rishi For the Opposite Party/s : Mr.Ramchandra Sahni (In CRIMINAL MISCELLANEOUS No. 30178 of 2023) For the Petitioner/s : Mr.Prerna Rishi For the Opposite Party/s : Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 32806 of 2023) For the Petitioner/s : Mr.Harsh Vardhan For the Opposite Party/s : Mr.Ram Priya Sharan Singh (In CRIMINAL MISCELLANEOUS No. 41263 of 2023) For the Petitioner/s : Mr.Mithilesh Kr. Arya For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 07-07-2023

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As all these bail applications have cropped up from

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the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

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Patna High Court CR. MISC. No.24396 of 2023(2) dt.07-07-2023 3/4

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 379, 120B, 160, 216 of the Indian Penal Code and Section 27 of the Arms Act. Later on Section 302 of the IPC was subsequently added.

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As per FIR, accusation against two rival gangs is of making indiscriminate firing against each other. When the police reached at the spot and took position, the accused persons fled away from the place of occurrence. The local villagers and Chowkidar disclosed the name of the petitioners.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case merely on the basis of suspicion. He submits that the local villagers and Chowkidar disclosed the name of the petitioners. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that no incriminating materials, arms or any illegal articles have been recovered from the possession or from the house of the petitioners. He submits that similarly situated co-accused has

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Patna High Court CR. MISC. No.24396 of 2023(2) dt.07-07-2023 4/4

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already been granted bail by a coordinate Bench of this Court vide order dated 03.07.2023 passed in Cr. Misc. No. 17246 of 2023. He further submits that some of the petitioners have criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposes the prayer for

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bail.

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Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihta P.S. Case No. 999 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Arun Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arun Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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