Rajeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32777 of 2024 Arising Out of PS. Case No.-326 Year-2021 Thana- AMNAUR District- Saran ====================================================== 1.

Rajeshwar Rai Son of Nagendra Rai R/O Village- Nauranga, P.S.- Amanor, District- Saran.

2.

Tarkeshwar Rai Son of Nagendra Rai R/O Village- Nauranga, P.S.- Amanor, District- Saran.

3.

Satyendra Rai Son of Nagendra Rai R/O Village- Nauranga, P.S.- Amanor, District- Saran.

4.

Jitendra Rai Son of Nagendra Rai R/O Village- Nauranga, P.S.- Amanor, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Amanor P.S. Case No. 326 of 2021 registered under Sections 147, 149, 323, 324, 354B, 447, 385, 379, 427, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, on 07.12.2021 at about 7:00 A.M., all the FIR named accused persons including these petitioners lashed with various weapons came at the door of the

Patna High Court CR. MISC. No.32777 of 2024(3) dt.20-06-2024 2/3 informant and started demolishing the house of the informant. On protest by informant all the accused person outraged the modesty of the informant and also assaulted her.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that the FIR has been lodged after a delay of 8 days without any explanation. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail of petitioners no. 1 and 4 by contending that the allegation against these petitioners is specific and heinous in nature. Hence, they do not deserve the privilege of anticipatory bail.

6. Considering the nature of allegation, the prayer for bail of petitioners no. 1 and 4 is, accordingly, rejected.

7. So far as petitioners no. 2 and 3 are concerned, there is general and omnibus allegation against them, let petitioners no. 2 and 3 be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Saran at

Patna High Court CR. MISC. No.32777 of 2024(3) dt.20-06-2024 3/3 Chapra in connection with Amanor P.S. Case No. 326 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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