Asharafi Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45291 of 2017 Arising Out of PS. Case No.-311 Year-2016 Thana- BIDUPUR District- Vaishali ======================================================

1. Asharafi Rai S/o Late Kuldeep Rai

2. Lagandeo Rai S/o Late Kuldeep Rai

3. Amit Rai S/o Lagandeo Rai

4. Sanjiv Rai S/o Kashi Rai All residents of Village - Kanchanpur, P.S. Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunwar Ajit Singh For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Bidupur P.S. Case No. 311 of 2016 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the allegations levelled are general and omnibus against all the accused persons. Nothing specific has been alleged against these petitioners. Moreover, the injuries sustained have been found to be simple in nature except one sharp cut injury. Petitioners have no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the

Patna High Court Cr.Misc. No.45291 of 2017(7) dt.18-12-2017 2/2 prayer for bail and submits that there is specific allegation of assault against the petitioner no. 2 which is supported by the injuries sustained.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner nos. 1, 3 & 4, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 311 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C.

However, considering the nature of allegations levelled against the petitioner no. 2 which is supported by the injuries sustained, I do not find it to be a fit case for grant of anticipatory bail. The same is, hereby, rejected.

(Arvind Srivastava, J) mcv/- U T