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Patna High CourtCR. MISC./3172/2023allowed

Brahmdeo Rai v. The State Of Bihar

2023-02-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3172 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== 1.

BRAHMDEO RAI Son of Late Ramchandra Rai R/V- Rajapur Pacharukhiya P.S- Koilwar Dist- Bhojpur 2.

Mugal Rai @ Mogal Rai Son of Prahalad Rai R/V- Rajapur Pacharukhiya P.S- Koilwar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 427, 506 of the IPC and 27 of the Arms Act.

As per the prosecution case, the petitioners along with other accused persons after forming a gang made altercation with another group for becoming mafia in illegal lifting of sand. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not

Patna High Court CR. MISC. No.3172 of 2023(2) dt.10-02-2023 2/2 specific rather general and omnibus in nature. There are 27 named and 30-35 unknown accused in the F.I.R and petitioner can only be said to be a member of mob. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. 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 court below where the case is pending/Successor Court in connection with Koilwar P.S. Case No.57 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T