Shri Dayal Rai @ Shiv Dayal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28755 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Shri Dayal Rai @ Shiv Dayal Rai, aged about 47 years, male, Son of Ram Lagan Rai, Resident of Bigan Tola, Police Station- Naubatpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 448, 341, 323, 326, 379/34 of the Indian Penal Code.

Submission is that as per FIR, informant namely Arjun Rai gave a fardbeyan to S.I. of PMCH, Patna in which the informant has alleged that on 05.12.2018 at about 7 p.m. he was sitting in the shop near his house, then petitioner Shri Dayal Rai and Reeta Devi @ Geeta Devi and two known persons, armed with lathi and danda came there and stated that the goods sold by you was bad and asked him to return it. The informant told them that he will not return the goods once sold. On which, the accused persons hit upon the head of the informant, snatched

Patna High Court CR. MISC. No.28755 of 2019(4) dt.22-07-2019 2/2 away golden chain from his neck and took out Rs. 2800/- from the cash box.

Learned counsel for the petitioner further stated that as per case diary, it appears that injury report show the simple in nature. Petitioner has no criminal antecedent. Petitioner is innocent and he has not committed any offence and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner.

Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 the learned A.C.J.M.-II, Danapur, Patna in connection with Naubatpur P.S. Case No. 04 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T