Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12527 of 2020 Arising Out of PS. Case No.-127 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Umesh Rai Son of Late Ram Dular Rai Resident of village - Chamtha Goptola, P.S.- Bachhwara, Dist.- Begusarai.

2.

Kajal Rai Son of Late Ram Dayali Rai Resident of village - Chamtha Goptola, P.S.- Bachhwara, Dist.- Begusarai.

3.

Kaila Rai Son of Late Ram Sewak Rai Resident of village - Chamtha Goptola, P.S.- Bachhwara, Dist.- Begusarai.

4.

Lalu Kumar Son of Late Ram Sewak Rai Resident of village - Chamtha Goptola, P.S.- Bachhwara, Dist.- Begusarai.

5.

Sanjit Kumar @ Sanjeet Kumar Son of Umesh Rai Resident of village - Chamtha Goptola, P.S.- Bachhwara, Dist.- Begusarai. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-07-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. Petitioners have filed the present application for grant of pre-arrest bail in connection with Bachhwara P.S. Case No. 127 of 2019 registered for the offences punishable under Sections 147, 148, 149, 307, 323, 379, 337, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.12527 of 2020(2) dt.08-07-2020 2/3 At the outset, it is submitted by the learned counsel for the petitioners that during pendency of the present application, petitioner no. 4 Lalu Kumar has been apprehended and remanded to judicial custody.

In view of the submission made above, this application is disposed of as against the petitioner no. 4. So far as the other petitioners are concerned, considering that there is no allegation of assault to anyone as against the petitioner nos. 1 Umesh Rai, 3 Kaila Rai and 5 Sanjit Kumar @ Sanjeet Kumar, they are directed to be released on bail, in the event of their arrest or surrender before the court below, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Bachhwara P.S. Case No. 127 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

As far as the petitioner no. 2 Kajal Rai is concerned, since he is alleged to have assaulted with lathi to one Nirmala Devi causing fracture in her head, I am not inclined to grant him pre-arrest bail. His prayer is rejected.

In case, he surrenders and seeks bail, the same shall be considered and disposed of on its own merit without being

Patna High Court CR. MISC. No.12527 of 2020(2) dt.08-07-2020 3/3 prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) rohit/- U T