Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8063 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Sanjay Rai S/O- Naga Rai R/O- Village- Panditpur, Tola Badagachhi, P.S.- Piprakothi, Dist.- East Champaran.

2.

Shankar Rai S/O- Naga Rai R/O- Village- Panditpur, Tola Badagachhi, P.S.- Piprakothi, Dist.- East Champaran.

3.

Govind Rai S/O- Late Bansi Rai R/O- Village- Panditpur, Tola Badagachhi, P.S.- Piprakothi, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard Mr. Abhishek Kumar, learned counsel for the petitioners and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 448, 504 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons including the petitioners are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.8063 of 2024(3) dt.10-04-2024 2/2 this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is admitted land dispute between the parties. He further submits that the injury is found simple in nature. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 12.03.2024 passed in Cr. Misc. No. 11945 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the injury, 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 Court in connection with Piprakothi P.S. Case No.113 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T