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Patna High CourtCR. MISC./7915/2022allowed

Sanjay Rai v. The State Of Bihar

2022-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7915 of 2022 Arising Out of PS. Case No.-228 Year-2021 Thana- KESARIA District- East Champaran ====================================================== SANJAY RAI SON OF SURENDRA RAI R/O VILLAGE- KUSHHAR, P.S.- KESARIYA, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341/ 342/ 323/ 353/ 504/ 506/ 34 of the Indian Penal Code.

Allegedly, while the informant along with other staffs were going for conducting raid with regard to theft of electricity, the FIR named accused persons including the petitioner stopped him and threatened him. Thereafter, they also abused and assaulted the informant's side.

Patna High Court CR. MISC. No.7915 of 2022(2) dt.01-08-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no overt act against the petitioner to assault the informant. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kesariya P.S. Case No.228/2021, (G.R. No.4058/2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T