← Library
Patna High CourtCR. MISC./20157/2020disposed

Binod Rai v. The State Of Bihar

2020-10-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20157 of 2020 Arising Out of PS. Case No.-363 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Binod Rai Son of Satya Narain Rai Resident of Village-Athmohan, P.S.- Jharokhar, District-East Champaran.

2.

Jitendra Rai Son of Satya Narain Rai Resident of Village-Athmohan, P.S.- Jharokhar, District-East Champaran.

3.

Sandeep Rai Son of Satya Narain Rai Resident of Village-Athmohan, P.S.- Jharokhar, District-East Champaran.

4.

Shiv Mangal Rai Son of Satya Narain Rai Resident of Village-Athmohan, P.S.-Jharokhar, District-East Champaran.

5.

Satya Narain Rai Son of Late Khedu Rai Resident of Village-Athmohan, P.S.-Jharokhar, District-East Champaran.

6.

Jai Prakash Sah Son of Ram Chandra Sah Resident of Village-Koirgawa, P.S.-Jharokhar, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-10-2020 Heard Mr. Radha Mohan Singh, learned counsel for the petitioners and Mr. Ajay Kumar Jha, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Ghorasahan (Jharokhar) P.S. Case No. 363 of 2019 dated 20.09.2019 instituted for the offences under Sections 341, 323, 308, 504 and 34 of the Indian Penal Code.

On the orders of petitioner no. 5 all the other

Patna High Court CR. MISC. No.20157 of 2020(3) dt.09-10-2020 2/2 petitioners are said to have assaulted the informant and others. The occurrence arose out of a small incident of teasing the father of the informant.

Learned counsel for the petitioners has submitted that the petitioner no. 1 has also lodged a case vide Ghorasahan (Jharokhar) P.S. Case No. 360 of 2019 against the informant of this case on 20.09.2019. Apart from this, it has been submitted that the occurrence took place on 20.08.2019 at 7:00 P.M., but the fardbeyan was given on 25.08.2019. The FIR was registered on 20.09.2019.

Regard being had to the general and omnibus nature of accusation against the petitioners and taking into account that they are the persons of clean antecedents, the provisional bail granted to them on 23.07.2020 is hereby confirmed. They shall remain on the same bail bonds which they have filed before the court below.

The application stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T