Akalu Rai @ Aklu Rai @ Suraj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35145 of 2022 Arising Out of PS. Case No.-382 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.

Akalu Rai @ Aklu Rai @ Suraj Ray Son Of Ram Prasad Rai Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 2.

Chandan Prasad @ Ghural Son Of Yodha Kahar Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 3.

Chandan Prasad Son Of Jai Shankar Prasad Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 4.

Sukhari Prasad @ Devansh Prasad @ Devansh Kumar Son Of Shankar Prasad @ Jai Shankar Prasad Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 5.

Harendra Rai Son Of Ram Prasad Rai Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 6.

Ravi Rai Son Of Ramyash Rai @ Ramjash Rai Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 7.

Ramesh Mahto Son Of Laxman Mahto Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 8.

Rahul Rai @ Rahul Ram @ Rahul Kumar Son Of Dharamnath Rai Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 9.

Vivek Rai @ Vivek Ram Son Of Dilip Rai Resident Of Village - Kachnar, P.S. - Revilganj, District - Saran At Chapra (Bihar). 10.

Shailendra Rai @ Shailesh Rai Son Of Dharamnath Rai Resident Of Village - Basdila, P.S.- Kopa, District - Saran At Chapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

2/4 Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 10, namely, Shailendra Rai @ Shailesh Rai, S/O Dharamnath Rai.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 10 is dismissed as withdrawn.

The petitioner may surrender and pray before the learned court below for regular bail, the same may be considered by the court below on its own merit without being prejudiced by the order of this Court.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 353, 323, 379, 427, 504 of the Bihar Prohibition & Excise Act.

The prosecution case in nutshell is that the petitioners and other co-accused persons had blocked the road and committing arson and hindrance. It is further alleged that accused persons were taking out the articles

3/4 from the house and set fire on road. It is also alleged that accused persons snatched mobile phones from the passerby and misbehaved with passerby and police personnel. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they falsely been implicated in the present case. It is further submitted that during investigation, some of the accused persons have not been found involved in the occurrence. It is further submitted that there is general and omnibus allegation against the petitioners. It is also submitted that no police personnel sustained any injury.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 10, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran, Chapra in connection with Ravilganj P.S. Case No. 382 of 2021, subject to the conditions as laid down

4/4 under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T