IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35105 of 2009 RAJIV RAI Versus STATE OF BIHAR ----------- 3/ 05.01.2010 Heard Mrs. Kumari Sujata Sinha, learned counsel for the petitioner and Sri Ram Priya Sharan Singh, learned APP for the state. The case has been registered under sections 384 and 365 of the IPC and the allegation is that the three accused persons named in the FIR including the present petitioner came by a Bolero vehicle at the shop of the informant and started demanding rangdari in the form of liquor and money. Another employee at the shop, namely, Chhotu Yadav forbade to do these things upon which, the accused persons took away rupees fifteen thousand from cash box at the gun point and also took with them away Chhotu Yadav stating that the proprietor of the shop should start paying up, else the informant and others shall be liquidated. The contention is that, in fact, the petitioner was coming from Hajipur to his village when, at a particular point, the informant and others fired shots at the petitioner and his companions and that attracted person who apprehended Chhotu and recovered pistol and some cartridges from him. The further contention is that for the above incident, F.I.R. of Mahua P.S. Case no. 154 of 2009 was also registered. In the facts and circumstances of the case, I direct the petitioner to surrender in the court below and pray for regular bail and the court below shall consider the argument in the light of the two first - 2 - information reports, i.e., those of Mahua P.S. Case nos. 153 of 2009 and 154 of 2009 and pass an order in accordance with law on the very day on which the petitioner surrenders and prays for bail. The court below shall never be prejudiced by the fact that the petitioner had preferred application for anticipatory bail up to this court. With the above observation/direction, this petition is disposed of. Anil/ (Dharnidhar Jha, J.)