Ram Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10467 of 2022 Arising Out of PS. Case No.-67 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== 1.

RAM NARAYAN RAI S/o Bechan Rai Resident of Village - Jahanabad, P.S.- Lalganj, District - Vaishali.

2.

Lakhindra Rai S/o Late Kishuni Rai Resident of Village - Jahanabad, P.S.- Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324 & 307 of the Indian Penal Code. All the accused persons including these petitioners are said to have come at the place of occurrence and in order to

Patna High Court CR. MISC. No.10467 of 2022(4) dt.18-10-2022 2/3 kill the informant they brutally assaulted him causing injuries on his vital part.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, the petitioners and other accused persons are labour and they started giving service of their labour in the field of watermelon of the informant on agreed charges of labour of Rs.200/- per day per labour and they did their works for about 12 days and since the informant did not pay the actual remuneration to the petitioners and when the petitioner demanded their remuneration of Rs.24,00/- each then informant lodged this false case against them. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each

Patna High Court CR. MISC. No.10467 of 2022(4) dt.18-10-2022 3/3 with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Lalganj P.S. Case No.67 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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