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Patna High CourtCR. MISC./40195/2021allowed

Akhilesh Rai v. The State Of Bihar

2022-03-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40195 of 2021 Arising Out of PS. Case No.-422 Year-2020 Thana- TARAIYA District- Saran ====================================================== 1.

AKHILESH RAI Son of Bhulan Ray Resident of Village- Madhopur, P.S.- Taraiya, District- Saran at Chapra.

2.

Mantu Rai @ Pawan Rai Son of Jagdish Rai Resident of Village- Madhopur, P.S.- Taraiya, District- Saran at Chapra.

3.

Amit Rai Son of Birendra Rai Resident of Village- Madhopur, P.S.- Taraiya, District- Saran at Chapra.

4.

Vijendra Kumar Rai Son of Brahm Rai Resident of Village- Madhopur, P.S.- Taraiya, District- Saran at Chapra.

5.

Amlesh Rai Son of Bhulan Ray Resident of Village- Madhopur, P.S.- Taraiya, District- Saran at Chapra.

6.

Amarjeet Rai Son of Awadhesh Rai Resident of Village- Madhopur, P.S.- Taraiya, District- Saran at Chapra.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.40195 of 2021(2) dt.21-03-2022 2/3 registered for the offences punishable under Sections 341, 323, 329, 307, 379, 504 & 506/34 of the Indian Penal Code. While the informant was returning to his home after participating in a marriage ceremony, the petitioners along with some unknown miscreants are said to have lashed with arms and ammunition started abusing the informant. They also assaulted him and snatched Rs.2000/-.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties and both the parties have sustained injury. A compromise petition has also been filed before the learned Court below. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.40195 of 2021(2) dt.21-03-2022 3/3 connection with Taraiya P.S. Case No. 422 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T