Vijay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35748 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Vijay Kumar Rai S/O Raj Kumar Rai R/O Village-Bagaul, P.S.- BABUBARHI, District-Madhubani.

2.

Vikas Kumar Rai S/O Udai Rai R/O Village-Bagaul, P.S.-BABUBARHI, District-Madhubani.

3.

Raj Kumar Rai S/O Late Halwa Rai R/O Village-Bagaul, P.S.- BABUBARHI, District-Madhubani.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.35748 of 2021(2) dt.23-05-2022 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- III, Madhubani in connection with Babubarhi P.S. Case No. 114/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T