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Patna High CourtCR. MISC./4506/2023allowed

Jagdish Rai @ Munna Rai @ Munna Yadav v. The State Of Bihar

2023-04-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4506 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

JAGDISH RAI @ MUNNA RAI @ MUNNA YADAV Son of Late Shivji Rai R/V- Rani Tol, Bachhwara, P.S- Bachhwara, Dist- Begusarai 2.

Congress Rai Son of Late shivji Rai R/V- Rani Tol, Bachhwara, P.SBachhwara, Dist- Begusarai 3.

Geeta Rai Son of Late Shivji Rai R/V- Rani Tol, Bachhwara, P.SBachhwara, Dist- Begusarai 4.

Mithlesh Kumar @ Mithilesh Kumar @ Rohit Kumar Son of Late Ram Bilash Rai R/V- Rani Tol, Bachhwara, P.S- Bachhwara, Dist- Begusarai 5.

Ankeet Kumar Son of Sanjay Rai R/V- Rani Tol, Bachhwara, P.SBachhwara, Dist- Begusarai 6.

Rahul Kumar Son of Mukesh Rai R/V- Rani Tol, Bachhwara, P.SBachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prerna Anand, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioners is that when the informant demanded his due amount of Rs. One lakh from the co-accused Rupesh Kumar, the above named

Patna High Court CR. MISC. No.4506 of 2023(2) dt.06-04-2023 2/3 petitioners along with others, armed with weapons, came to the informant and brutally assaulted him due to which he got injured.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioner no.1 has one criminal antecedent whereas petitioner nos. 2, 3 , 4, 5 & 6 have no criminal antecedent as mentioned in para-3 of this application.

Learned APP fro the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the injury sustained by the victim is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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

Patna High Court CR. MISC. No.4506 of 2023(2) dt.06-04-2023 3/3 lower Court where the case is pending/successor Court in connection with Bachhwara P.S. Case No. 184 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) divyanshi/- U T