Chandeshwar Rai @ Chandeshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2710 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- TARAIYA District- Saran ====================================================== 1.
CHANDESHWAR RAI @ CHANDESHWAR RAY S/o Late Rai Bahadur Rai R/o village- Pachbhinda, P.S.- Taraiya, District- Saran at Chapra 2.
Dilip Rai S/o Late Rai Bahadur Rai R/o village- Pachbhinda, P.S.- Taraiya, District- Saran at Chapra 3.
Santu Rai @ Santu Kumar S/o Chandeshwar Rai @ Chandeshwar Ray R/o village- Pachbhinda, P.S.- Taraiya, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Binod Singh, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 335 & 326/34 of the Indian Penal Code.
3. Some unknown miscreants are said to have threw petrol on the face of informant's son and set fire with match stick due to which his face and chest have been burnt. Petitioners are not named in the F.I.R. but during the course of investigation their names transpired in this case.
4. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.2710 of 2022(7) dt.30-10-2023 2/3 no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that during course of investigation, the police has recorded the restatement of the informant (Para-10 of the case diary) on 03.05.2021, in his restatement the informant has not disclosed the name of the petitioners. It is further submitted that after 20 days of the occurrence, the police has recorded the statement of the injured person and grandfather of the informant and they for the first time disclosed the name of the petitioners, which clearly appears to be afterthought. Petitioners have no criminal antecedent as mentioned in para3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor
Patna High Court CR. MISC. No.2710 of 2022(7) dt.30-10-2023 3/3 Court in connection with Taraiya P.S. Case No.131 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T