Lakshman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14736 of 2022 Arising Out of PS. Case No.-191 Year-2021 Thana- DORIGANJ District- Saran ====================================================== 1.

LAKSHMAN RAI Son of Late Ram Avatar Rai Residence of Suratpur, P.S.- Doriganj, District - Saran (Chhapra) 2.

Ranjan Rai @ Ranjan Kumar Son of Kameshwar Rai Residence of Suratpur, P.S.- Doriganj, District - Saran (Chhapra) 3.

Sikandar Rai Son of Kameshwar Rai Residence of Suratpur, P.S.- Doriganj, District - Saran (Chhapra) 4.

Nanahak Rai @ Triloki Rai @ Nanak Rai Son of Kameshwar Rai Residence of Suratpur, P.S.- Doriganj, District - Saran (Chhapra) 5.

Arjun Rai @ Sushil Kumar Son of Ramsharan Rai Residence of Suratpur, P.S.- Doriganj, District - Saran (Chhapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323,

Patna High Court CR. MISC. No.14736 of 2022(2) dt.10-08-2022 2/3 324, 307, 504, 506, 379, 34 of the Indian Penal Code. Allegedly, the petitioners alongwith other accused persons assaulted the informant's side by means of several weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The injuries are simple in nature. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.14736 of 2022(2) dt.10-08-2022 3/3 learned court below where the case is pending/Successor Court in Doriganj P.S. Case No.191 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T