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Patna High CourtCR. MISC./27138/2024allowed

Vidyanand Rai v. The State Of Bihar

2024-04-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27138 of 2024 Arising Out of PS. Case No.-103 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Vidyanand Rai Son of Shahulal Rai Resident of Village- Bhimalpur Derma, P.S. Mehashi, District- East Champaran, Motihari 2.

Dinesh Rai @ Dinesh Kumar S/o Vidyanand Rai R/o Village- Ahiyapur Gyaspur, P.S. Maner, District- Patna ... ... 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. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard Mr. Rajesh Kumar, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 353, 504 & 506 of the Indian Penal Code.

3. All the F.I.R. named accused persons including these petitioners are said to have blocked the road after keeping the dead body of one Nandlal Rai @ Nandu Rai and created nuisance. They also obstructed the police in discharging their official duty.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have

Patna High Court CR. MISC. No.27138 of 2024(2) dt.10-04-2024 2/2 been falsely implicated in this case due to highhandedness of the police. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Suresh Rai @ Suresh Prasad Yadav has been enlarged on bail by this court vide order dated 17.05.2023 passed in Cr. Misc. No. 16214 of 2023. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. 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 Rajepur P.S. Case No.103 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T