Gaurav Kumar @ Gaurav Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13930 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

GAURAV KUMAR @ GAURAV RAI S/o Brijesh Rai Resident of VillageBanarpur, P.S.-Buxar, Muffasil, District-Buxar. 2.

SATYENDRA NARAYAN TIWARI @ MUNNA TIWARI @ BRIJESH RAI S/o Late Kamla Tiwari Resident of Village-Banarpur, P.S.-Buxar, Muffasil, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Ravi Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Buxar Mufassil P.S. Case No. 483 of 2023 registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506, 147, 149 and 120B of the Indian Penal Code.

3. As per the allegation made in the F.I.R, the petitioners tried to enter forcibly into the main gate of SJBN which was restrained by the informant. After the said incidence, while the informant was returning back to his home, the accused persons named in the F.I.R. including the petitioners attacked

Patna High Court CR. MISC. No.13930 of 2024(2) dt.12-03-2024 2/3 the informant with deadly weapons and assaulted him causing injury on the head with an intention to kill.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent. The allegation made against the petitioners is also falsified from the very fact that the petitioners were restrained from entering into the gate of SJBN and thereafter false case has been lodged against the petitioners on frivolous ground. The injury sustained by the informant is simple in nature. There is case and counter case between the parties.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioners and the injury sustained by the informant is simple in nature, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Buxar Mufassil P.S. Case No. 483 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.13930 of 2024(2) dt.12-03-2024 3/3

7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) mantreshwar/- U T