Dilip Rajbanshi @ Modi Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36784 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Dilip Rajbanshi @ Modi Ji Son of Tuntun Rajbanshi Resident of Village - Dhanki, P.S. - Nimchak Bathani, District - Gaya. 2.

Ranjeet Rajbanshi @ Gabar Son of Tuntun Rajbanshi Resident of Village - Dhanki, P.S. - Nimchak Bathani, District - Gaya. 3.

Sanju Rajbanshi Son of late Mahabir Rajbanshi Resident of Village - Dhanki, P.S. - Nimchak Bathani, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Bathani P.S. Case No. 68 of 2023, registered for the offences punishable under Sections 147, 149,323, 341,504, 506, 325, 308 of the Indian Penal Code.

3. As per allegation, the informant's son and daughter were returning from market. In the meantime, the accused persons including the petitioner surrounded and assaulted them by means of lathi, danda and iron rod, due to which they sustained injuries.

4. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.36784 of 2024(4) dt.19-09-2024 2/2 submitted that they are innocent and have falsely been implicated in this case. He has further submitted that the allegation against the petitioners is general and omnibus. He has also submitted that no any incriminating articles were recovered from possession of the petitioners. He has next submitted that there is a delay of seven days in lodging of the FIR and no explanation has been offered for such delay. The petitioners are innocent and are under custody since 20.2.2023.

5. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Bathani P.S. Case No. 68 of 2023, subject to the condition:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T