Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31489 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Umesh Rai SON OF LATE LAKSHMI RAI RESIDENT OF VILLAGERANI TOLA, PS- BACHHWARA, DIST- BEGUSARAI 2.
UPENDRA RAI @ OPI SON OF LATE LAKSHMI RAI RESIDENT OF VILLAGE- RANI TOLA, PS- BACHHWARA, DIST- BEGUSARAI 3.
MALA DEVI WIFE OF UMESH RAI RESIDENT OF VILLAGE- RANI TOLA, PS- BACHHWARA, DIST- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bachhwara P.S. Case no. 250 of 2023 instituted for the offence under Sections 341, 323, 384, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
Allegation against co-accused along with the petitioners is that they came at the house of the informant and the petitioners along with co-accused are alleged to have assaulted the brother of the informant due to which he sustained
Patna High Court CR. MISC. No.31489 of 2024(3) dt.02-07-2024 2/3 injury. It is further alleged that they demanded ransom from the informant and threatened them of dire consequences. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. There is case and counter case between the parties and in regard to the said occurrence, an FIR was lodged Bachhwara P.S. Case No. 251 of 2023. The ransom demand was not executed. It is further submitted that the petitioners are alleged to have assaulted the informant's brother with sharp edge weapon but the injury report suggests that injury caused by hard and blunt substance and in support of this, Annexure-P/3 has been annexed with this petition. There is general and omnibus allegation has been levelled against the petitioners.
The specific allegation of assault is against co-accused Raj Kumar Rai who assaulted the informant's brother and he has already been granted regular bail by this Court vide order dated 15.01.2024 in Cr. Misc. No 85192 of 2023. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The
Patna High Court CR. MISC. No.31489 of 2024(3) dt.02-07-2024 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bachhwara P.S. Case no. 250 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) shubham/- U T