Rambabu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23904 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.
Rambabu Rai Son of Late Kalpu Ray Resident of Village- Dahu Chouk, P.S.- Bibhutipur, District- Samastipur 2.
Dharmendra Rai Son of Rambabu Ray Resident of Village- Dahu Chouk, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rambabu Yadav , Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code .
3. As per the prosecution case , on the order of petitioner No. 1, petitioner No. 2 fired upon the informant causing injury to him. It is further alleged that accused persons also took Rs. 54,000/- cash and mobile phone from informant.
4. It is submitted on behalf of the petitioners that both the parties are co-villagers and due to previous enmity, the petitioners have falsely been implicated in this case . Injury
Patna High Court CR. MISC. No.23904 of 2024(3) dt.10-07-2024 2/2 report does not support the prosecution case, as no fire arm injury was found by the doctor. As per injury report, injury sustained by the injured are caused by hard and blunt substance and the same is found to be simple in nature .
5. Learned counsel for the State oppose the bail petition.
6 Considering the nature of injury and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge Samastipur in connection with Bibhutipur P.S. Case No. 415 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T