Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16789 of 2021 Arising Out of PS. Case No.-362 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Arvind Rai, Son of Late Ram Lagan Rai, Resident of Khalpura Bala, P.S. Chhapra Muffasil, District Saran.

2.

Ranjeet Rai, Son of Sawan Rai, Resident of Khalpura Bala, P.S. Chhapra Muffasil, District Saran.

3.

Sahendra Rai, Son of Nepali Rai, Resident of Village Khalpura Bala P.S. Chhapra Muffasil District Saran.

4.

Raju Rai, Son of Sawan Rai, Resident of Village Khalpura Bala, P.S. Chhapra Muffasil, District Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Subodh Kumar Barnwal Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the parties through virtual court proceedings.

Petitioners seek bail in Chhapra Muffasil P.S. Case No.362 of 2020, registered for the offences punishable under Sections 147, 323, 307 and 302 of the Indian Penal Code as well as Section 27 of the Arms Act.

The prosecution case, in brief, is that when the informant was at his house, all the accused persons including the petitioners came to his house by forming an unlawful assembly and started assaulting over his head. It is alleged that petitioners no.2 and 4 made firing and petitioners no.1 and 3 assaulted the

Patna High Court CR. MISC. No.16789 of 2021(3) dt.22-10-2021 2/2 informant and others with rod and danda.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners. The specific allegation is against Daroga Rai and Upendra Rai. It is further submitted that similarly situated coaccused persons have been granted bail by this Court vide order dated 06.08.2021, passed in Cr. Misc. No.19860 of 2021. Learned Additional Public Prosecutor as well as learned counsel for the informant vehemently opposed the prayer for bail of the petitioners and submit that trial has begun in the present case.

From perusal of the records and the case diary, it appears that no specific allegation is made against the petitioners. Having considered the facts aforesaid, let petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 9th, Chhapra, Saran in connection with Chhapra Muffasil P.S. Case No.362 of 2020.

(Anjani Kumar Sharan, J.) Sanjay/- U T