Prithiwi Chandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10026 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

PRITHIWI CHANDRA RAI Son of Late Muni Lal Rai @ Muni Lal Rai @ Late Manilal Rai @ Late Munnilal Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

2.

Rama Singh Rai Son of Ashok Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

3.

Nitish Rai Son of Saheb Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

4.

Ranjeet Rai Son of Saheb Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

5.

Kalyan Singh Rai Son of Amar Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

6.

Ganesh Rai Son of Birju Rai @ Chandra Kishore Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga. 7.

Birju Rai @ Chandra Kishore Rai Son of Late Jagdish Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga. 8.

Saheb Rai Son of Late Jagdish Rai Resident of Village - Samoura, P.S.- Kusheshwar Asthan, Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kusheshwar Asthan case no. 216 of 2019 registered for the offences punishable under Sections 341, 323, 448, 354, 504, 506/34 of Indian Penal Code.

Patna High Court CR. MISC. No.10026 of 2020(2) dt.03-03-2020 2/3 The allegation is regarding the accused persons having arrived in the courtyard of the informant and are said to have assaulted the informant as also are alleged to have put stool in the mouth of the informant. It is further alleged that accused persons had also assaulted the son and brother-in-law of the informant with lathi and danda.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted, by referring to the impugned order dated 11.12.2019, that the doctor who has submitted the injury report, has not found any external injury on the body of the injured persons.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to admit the abovenamed petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each

Patna High Court CR. MISC. No.10026 of 2020(2) dt.03-03-2020 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate at Biraul, Darbhanga in connection with Kusheshwar Asthan PS case no. 216 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T