Manjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38030 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

Manjay Rai S/O Suresh Rai R/O Village Kanhauli Vishanparshi @ Kanhauli Bishunpur Parsi, Ps Mahua District Vaishali 2.

Uday Rai @ Uday Kumar Ray S/O Naseeb Lal Rai R/O Village-Kanhauli Vishanparsi @ Kanhauli Bishunpur Parsi, P.S-Mahua, District-Vaishali. 3.

Indrajit Kumar S/O Harendra Rai R/O Village-Kanhauli Vishanparsi @ Kanhauli Bishunpur Parsi, P.S-Mahua, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

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, 448, 379, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and her family members by means of lathi, danda, iron rod, due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.38030 of 2021(2) dt.25-05-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. case No.251/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T