Vishal Rai vs The State of Bihar

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioner and learned A.P.P. for the State.

On 23rd November, 2013 when the informant''s brother and his friend were coming on a boat, twelve FIR named accused persons with 3-4 unknown being armed with guns came on 5-6 motor cycles and as soon as the brother of the informant Agnideo Rai came down from the boat, co accused Guddu Rai, Mantu Rai and Ramesh Rai shot at him and when his friend Shreesh Nath Adhish @ Pandit started fleeing away after jumping in the river then co accused Chandan Rai, after chase, shot him. Both Agnideo Rai and Shreesh Nath Adhish @ Pandit succumbed to the injuries and then all the accused persons went away with their motor cycles.

Learned counsel for the petitioner seeks the privilege of pre arrest bail of the petitioner placing his innocence, false implication and submitting that no overt act has been attributed against the petitioner. It has not been alleged that with which weapon the petitioner was present there, other co accused Sunita Rai @ Sunita Devi at serial No. 11 of the FIR has already been allowed pre-arrest bail vide Cr. Misc. No. 8721 of 2014 by another bench of this Court and as such the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer for pre arrest bail of the petitioner.

Considering that in the FIR no overt act has been attributed against the petitioner and further that there is no mention of specific weapon in possession of the petitioner, the petitioner-Vishal Rai, in the event of his arrest/surrender within one month in the court below shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in Rajpur P.S. case No. 223/2013, subject to the conditions as laid down u/s. 438(2) Cr.P.C.