Ashok Rai @ Gabbar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18417 of 2023 Arising Out of PS. Case No.-245 Year-2021 Thana- PARSA District- Saran ====================================================== 1.

ASHOK RAI @ GABBAR RAI SON OF SHIOBALAK RAY RESIDENT OF VILLAGE- BALIGAON, PS- PARSA, DISTRICT- SARAN AT CHHAPRA 2.

KANHAIYA RAI, SON OF BUNILAL RAI RESIDENT OF VILLAGEBALIGAON, PS- PARSA, DISTT- SARAN AT CHAPRA ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504 & 506/34 of the Indian Penal Code.

The allegation against petitioner no.1 is that he assaulted the informant by means of pistol, whereas petitioner no.2 snatched his purse from his pocket.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case for settling the personal grudge. The allegation levelled against the

Patna High Court CR. MISC. No.18417 of 2023(3) dt.03-07-2023 2/2 petitioners is not specific rather general and omnibus in nature. It is further submitted that the petitioners and informant lived in the State of Gujarat for doing job where some minor disputes arose and the Gujarat police did not register any case and taking advantage, the informant lodged this false and fabricated case against the petitioners and others in collusion with local police. It is further submitted that the injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 learned lower Court where the case is pending/successor Court in connection with Parsa P.S. Case No.245 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.