Jivesh Rai @ Jivabh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4263 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== 1.

JIVESH RAI @ JIVABH RAI Son of Late Jagdish Rai Resident of Etwarpur Shishaula, P.S.- Lalganj, Distt- Vaishali.

2.

Nitesh Kumar @ Sitesh Kumar Son of Jivesh Rai Resident of Etwarpur Shishaula, P.S.- Lalganj, Distt- Vaishali.

3.

Malti Devi W/o Vinod Rai Resident of Etwarpur Shishaula, P.S.- Lalganj, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-06-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lalganj P.S. Case No. 336 of 2019 for the offence punishable under Sections 341, 447, 323, 324, 379, 354(B), 504/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the alleged occurrence took place on 16.07.2019 whereas the F.I.R. has been filed on 26.09.2019 after lapse of almost two

Patna High Court CR. MISC. No.4263 of 2020(2) dt.29-06-2020 2/2 months without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the present case is a counter blast of Lalganj P.S. Case No. 273 of 2019. Hence the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing their personal bonds to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Lalganj P.S. Case No. 336 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T