Sheojee Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11859 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== SHEOJEE RAI S/o Late Sita Ram Rai R/o village- Nonimal, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 150, 151, 152, 171, 341, 342, 323, 307, 332, 333, 337, 338, 120B, 504, 506, 353 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioner along with 100-150 unknown came with lathi, danda, stones and got released two persons from police custody and also attacked on the police officials, due to which some of them sustained injuries.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of

Patna High Court CR. MISC. No.11859 of 2022(3) dt.11-05-2022 2/2 fact. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. Altogether 40 named persons alongwith 100-150 unknown persons have been made accused in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Rajepur P.S. case No.178 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T