Chandreshwar Rai @ Chandeshwar Rai @ Chandeshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26342 of 2021 Arising Out of PS. Case No.-622 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.
CHANDRESHWAR RAI @ CHANDESHWAR RAI @ CHANDESHWAR RAY S/O AMIRI RAY R/O VILLAGE-PAURMAY SHAHMADPUR, P.STISIAUTA, DISTRICT-VAISHALI. 2.
SANJEET KUMAR @ SANJIV RAI S/O PALLU RAI @ PANNU RAI R/O VILLAGE-SAMASPURA, P.S-MAHUA, DISTRICT-VAISHALI. 3.
RAJEEV KUMAR S/O PALLU RAI @ PANNU RAI R/O VILLAGESAMASPURA, P.S-MAHUA, DISTRICT-VAISHALI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition against petitioner no.1, namely, Chandreshwar Rai @ Chandeshwar Rai @ Chandeshwar Ray.
Permission is accorded.
Patna High Court CR. MISC. No.26342 of 2021(2) dt.28-01-2022 2/3 Accordingly, this petition is dismissed as withdrawn in respect of petitioner no.1, namely, Chandreshwar Rai @ Chandeshwar Rai @ Chandeshwar Ray.
So far petitioner nos.2 to 3 are concerned, they are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 447, 341, 323, 324, 307, 504, 506, 427, 354, 504 and 506 of the Indian Penal Code. It is a case of assault upon the informant by the accused persons.
It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is case and counter case between the parties and no specific allegation of assault against the petitioners.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
In the facts and circumstances of the case, the petitioner no.2, namely, Sanjeet Kumar @ Sanjiv Rai and petitioner no.3, namely, Rajeev Kumar in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties
Patna High Court CR. MISC. No.26342 of 2021(2) dt.28-01-2022 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 622 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T