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Patna High CourtCR. MISC./30779/2024bail granted

Amir Rai v. The State Of Bihar

2024-06-25Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30779 of 2024 Arising Out of PS. Case No.-15 Year-2011 Thana- BIHTA District- Patna ====================================================== 1.

Amir Rai Son of Santlal Rai Resident of Village- Srirampur, P.S- Bihta, Dist- Patna 2.

Umesh Kumar Son of Amir Rai Resident of Village- Srirampur, P.S- Bihta, Dist- Patna 3.

Ramesh Kumar @ Ramesh Rai Son of Amir Rai Resident of VillageSrirampur, P.S- Bihta, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341 , 323 , 325 , 384, 379, 504 and 506 of the Indian Penal Code .

3. As per the prosecution case, on the alleged date and time of occurrence, when the informant had gone to look after his crop, in the meantime all the accused persons, including these petitioners, along with five unknown persons

Patna High Court CR. MISC. No.30779 of 2024(3) dt.25-06-2024 2/3 armed with weapons, abused and assaulted him, causing injury to him. It is further alleged that when his son Raju Kumar and villager Punai Yadav came to rescue him, they were also assaulted, due to which they sustained injury. It is further alleged that co-accused Manoj Kumar on the point of pistol demanded Rs. 50,000/- ransom and also snatched a Titan watch and one mobile from Raju Kumar.

4. It is submitted on behalf of the petitioners that both the parties are co-villagers and due to dispute over cutting of brahsima grass a quarrel took place between them in which both sides sustained injuries. Allegation against these petitioners is general and omnibus. Case and counter case. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and 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 ACJM 1st Class, Danapur in connection with Bihta P.S. Case No. 15 of 2011 , subject to the conditions laid down

Patna High Court CR. MISC. No.30779 of 2024(3) dt.25-06-2024 3/3 under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U