Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15548 of 2020 Arising Out of PS. Case No.-16 Year-2019 Thana- DANAPUR District- Patna ====================================================== 1.
SHAMBHU RAI Son of Late Timal Rai Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna. 2.
Pappu Rai Son of Prabhu Rai Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna.
3.
Babloo Kumar @ Babloo Rai Son of Prabhu Rai Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna. 4.
Sushil Rai Son of Sahja Narain Rai Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna.
5.
Ravi Kumar @ Ravi Rai Son of Sanjay Rai @ Sanjay Singh Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna. 6.
Mukesh Kumar @ Mukesh Rai Son of Kanhai Rai Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna. 7.
Kanhai Rai Son of Late Jagnath Rai Resident of Village - Nasariganj Biscuit Factory More, P.S.- Danapur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh Tarun For the State :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case
Patna High Court CR. MISC. No.15548 of 2020(3) dt.08-09-2020 2/3 registered under Sections 147, 148, 149, 341, 323, 337, 308 of the Indian Penal Code.
Allegedly, in the backdrop of raising wall, the dispute arose between the parties and in consequence thereof, the accused persons are alleged to have assaulted the informant and others, as a result of which, injuries were sustained by them. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Due to erection of partition wall, free fight is alleged to have taken place between the parties. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties
Patna High Court CR. MISC. No.15548 of 2020(3) dt.08-09-2020 3/3 of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Danapur, Patna in connection with Danapur P.S. Case No. 16 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T