Patna High CourtCR. MISC./16047/2024bail granted

Sipahi Rai v. The State Of Bihar

2024-03-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16047 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== 1.

Sipahi Rai S/o Nathuni Rai R/o Vill - Gondna Braham Toli, P.S. - Revelganj, Dist. - Saran (Chapra) 2.

Dharmendra Rai S/o Sipahi Rai R/o Vill - Gondna Braham Toli, P.S. - Revelganj, Dist. - Saran (Chapra) 3.

Vikash Rai @ Vikash Kumar Yadav S/o Mogal Rai R/o Vill - Gondna Braham Toli, P.S. - Revelganj, Dist. - Saran (Chapra) ... ... Petitioners

Versus

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

For the Petitioners :

Mr.BN Mishra, Advocate Mr. Brij Kishor Mishra, Advocate For the Opposite Party :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and Mr.Umeshanand Pandit, APP for the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 379,307,504,324/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of the occurrence, all the FIR named accused persons including these petitioners abused and assaulted the informant and his family members with knife, sword, hockey stick as a result of which three persons sustained injuries.

4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus and no specific

Patna High Court CR. MISC. No.16047 of 2024(2) dt.14-03-2024 2/2 overt act has been alleged against these petitioners. Injuries caused by these petitioners have been found to be simple in nature. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Saran at Chapra in Revelganj Police Station Case No. 144 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T