Patna High CourtCR. MISC./39153/2021bail granted

Ashok Kumar Rai v. The State Of Bihar

2023-12-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39153 of 2021 Arising Out of PS. Case No.-1070 Year-2019 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== 1.

ASHOK KUMAR RAI Son of Late Shio Bachan Rai Resident of Village - Panapur, P.S.- Kargahar, District - Rohtas at Sasaram. 2.

Vikash Kumar Rai Son of Sri Ashok Kumar Rai Resident of Village - Panapur, P.S.- Kargahar, District - Rohtas at Sasaram. 3.

Satish Kumar Rai Son of Sri Ashok Kumar Rai Resident of Village - Panapur, P.S.- Kargahar, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Narayan Rai For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 457, 380 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of occurrence, the petitioners, in a drunken state of mind, entered in the house of complainant and assaulted him on his chest and head.

4. It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. No such occurrence, as alleged in the complaint petition, took place. As a

Patna High Court CR. MISC. No.39153 of 2021(3) dt.20-12-2023 2/2 matter of fact, prior to this complaint case, petitioner no. 3 had lodged an F.I.R., vide Kargahar P.S. Case No. 271 of 2019 against complainant & others and in retaliation, this false and concocted case has been filed.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on 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 C.J.M., Rohtas at Sasaram in connection with Complaint Case No. 1070 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T