Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15220 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- JALALPUR District- Saran ====================================================== 1.

UPENDRA RAI S/o Rudal Rai Residence of Village- Kahi Noornagar, P.S.- Jalalpur, District- Saran at Chapra.

2.

Dalan Rai S/o Shivsagar Rai Residence of Village- Kahi Noornagar, P.S.- Jalalpur, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr. Tej Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-01-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Jalalpur P.S. Case No. 168 of 2020 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case due to dirty village politics. Nothing specific is alleged against petitioner no. 2. Petitioners have no criminal antecedent.

Learned Addl. P.P. appearing for the State

Patna High Court CR. MISC. No.15220 of 2021(2) dt.25-01-2022 2/2 submits that there is allegation against petitioner no. 1 of assault on the chest and forehead of the informant by means of knife.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no. 2, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Additional Chief Judicial Magistrate, XIII in connection with Jalalpur P.S. Case No. 168 of 2020 subject to the conditions laid down under section 438(2) Cr.P.C. As regards petitioner no. 1, considering that there is direct allegations of assault against him, this Court is not inclined to grant him the privilege of anticipatory bail. The prayer for bail, is accordingly, rejected.

(Arvind Srivastava, J) mcv/- U T