Rameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41639 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Rameshwar Rai Son of Late Bashdev Rai Resident of Village- Dulma, P.S. Madhuban, District - East Champaran, Motihari. 2.

Niraj Kumar Nishant @ Niraj Rai Son of Naresh Rai Resident of VillageDulma, P.S. Madhuban, District - East Champaran, Motihari. 3.

Kundan Rai @ Chandan Rai @ Kundan Kumar Son of Raj Kishor Rai @ Raj Kishor Prasad Resident of Village- Dulma, P.S. Madhuban, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Learned counsel for the petitioners submits that petitioner no. 2 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of

Patna High Court CR. MISC. No.41639 of 2021(2) dt.08-04-2022 2/3 non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 188, 268, 269, 270, 271, 341, 353, 34 of the Indian Penal Code and Section 3 of Epidemic Disease Act, 1897, 51 Disaster Management Act, 2005.

It is submitted by learned counsel for the petitioners that petitioners are innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that no material has been found against the petitioners during course of investigation. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.41639 of 2021(2) dt.08-04-2022 3/3 learned court below where the case is pending/successor court in connection with Madhuban P.S. Case No. 133 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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