Rajnath Rai @ Rajnath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4537 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- AKILPUR District- Saran ====================================================== 1.
RAJNATH RAI @ RAJNATH RAY SON OF LATE HIRAMAN RAY RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN 2.
UMESH RAI @ UMESH RAY SON OF LATE RAMUNA RAY RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN 3.
SONI RAI @ SONI RAY @ SONI LAL RAI @ SUNIL RAY SON OF LATE CHANDRIKA RAY RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN 4.
MUNNA RAI @ MUNNA RAI SON OF LATE SHITAL RAY RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN 5.
NIRAJ RAI @ NIRAJ RAY @ NIRAJ KUMAR SON OF PARASH RAY RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN 6.
PRAMOD RAI @ PRAMOD RAY @ PRAMOD KUMAR RAI SON OF BHOLA RAY RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN 7.
SATISH RAY @ SATISH RAI SON OF MITHU RAI RESIDENT OF VILLAGE AND P.S.- AKILPUR, DISTRICT- SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
At the very outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 7 has been arrested and,
Patna High Court CR. MISC. No.4537 of 2022(2) dt.11-08-2022 2/3 as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this bail petition with respect to petitioner no.7.
In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 7. So far as petitioner nos. 1 to 6 are concerned, they apprehend their arrest in connection with Akilpur P.S. Case No.41 of 2021 registered for offence punishable under sections 147, 341, 323, 353, 337, 338, 504 of the Indian Penal Code. As per allegation, the police party went to the place of occurrence and after pacifying the public present at the spot, the police party requested them to go to their houses whereafter, twenty seven named accused persons and ten-fifteen others attempted to snatch the arms from the police. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated. There is no allegation against the petitioners that they assaulted any member of the police party, nor they sustained any kind of injury.
Considering the above-mentioned facts and circumstances, the above-named petitioner nos. 1 to 6, in the event of their arrest or surrender, within four weeks from today,
Patna High Court CR. MISC. No.4537 of 2022(2) dt.11-08-2022 3/3 are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Akalpur P.S. Case No.41 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T