Chandra Bhushan Rai @ Chandrabhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21247 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== 1.

CHANDRA BHUSHAN RAI @ CHANDRABHUSHAN SON OF LATE PRABHU RAI R/O VILLAGE- NARAON TOLA, P.S.- AWATARNAGAR, DISTRICT- SARAN AT CHAPRA.

2.

ARBIND KUMAR SON OF BHUKHAL RAI R/O VILLAGENARAON TOLA, P.S.- AWATARNAGAR, DISTRICT- SARAN AT CHAPRA.

3.

BHUKHAL RAI SON OF LATE PRABHU RAI R/O VILLAGENARAON TOLA, P.S.- AWATARNAGAR, DISTRICT- SARAN AT CHAPRA.

4.

MANISH RAI SON OF CHANDRA BHUSHAN RAI @ CHANDRABHUSHAN R/O VILLAGE- NARAON TOLA, P.S.- AWATARNAGAR, DISTRICT- SARAN AT CHAPRA.

5.

ABHA DEVI @ PRABHAWATI DEVI WIFE OF CHANDRA BHUSHAN RAI @ CHANDRABHUSHAN R/O VILLAGE- NARAON TOLA, P.S.- AWATARNAGAR, DISTRICT- SARAN AT CHAPRA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Awatarnagar P.S. Case no. 90 of 2020 instituted for the offence under Sections 341, 323, 379, 307,

Patna High Court CR. MISC. No.21247 of 2021(2) dt.22-12-2021 2/3 504, 506 and 34 of the Indian Penal Code.

The prosecution story relates to abuse and assaulting to the informant and his family by the accused persons including the petitioners.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Specific allegation of assault is against co-accused Rahul Kumar and not against these petitioners. There is case and counter case between the parties. Both parties have sustained injuries. Injury sustained by the informant is simple in nature.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Awatar Nagar P.S. Case no. 90 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.21247 of 2021(2) dt.22-12-2021 3/3 amount each to the satisfaction of learned ACJM XIth, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) khushbu/- U