Govind Raj @ Govinda Rai vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Ghanshyam Tiwary, learned counsel for the petitioner and Mr. Uday Pratap Singh, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner apprehends arrest in connection with Shahpur PS Case No. 71 of 2017 dated 13.04.2017, instituted under Sections 147, 148, 149, 341,

323, 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act, 1959.

The allegation against the petitioner and others is of firing on the informant side which also caused injury in the right knee of the informant.

Learned counsel for the petitioner submitted that though the incident is said to be the result of Rs. 315/- and a motorcycle being snatched from the

son of the informant, but later it has been stated that when the informant and his other family members came near the pipal tree, the petitioner is said

to have given order to fire which was resorted to by the other co-accused and hit the informant near the right knee. It was submitted that there is no

overt act alleged against the petitioner except that he gave order to fire. Learned counsel submitted that co-accused Bijendra Kumar @ Benga Rai,

Golu Kumar and Bittu Kumar have been granted anticipatory bail by a co-ordinate Bench by order dated 19.09.2017 passed in Cr. Misc. No. 42950 of

2017 and also Sunil Rai, Vishok Rai and Ashok Rai, have also been granted anticipatory bail by order dated 18.05.2018 passed in Cr. Misc. No. 30724

of 2018. Learned counsel submitted that the petitioner is the husband of the local Mukhiya and due to political rivalry has been named with the

intention to harass and damage him.

Learned APP submitted that the petitioner was the person who had exhorted the others to fire and the said firing resulted in serious injury to the

informant.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Danapur, Patna in Shahpur PS Case No. 71 of 2017,

subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate

or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court

concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner.

The application stands disposed off in the aforementioned terms.