Kanhaiya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41487 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- PANAPUR District- Saran ====================================================== 1.

Kanhaiya Rai Son of Janardan Rai Resident of Village - Dhenuki, P.O.- Dhenuki, P.S.- Panapur, District- Saran.

2.

Surendra Rai Son of late Daya Rai Resident of Village - Dhenuki, P.O.- Dhenuki, P.S.- Panapur, District- Saran.

3.

Alok Kumar @ Alok Rai Son of Kanhaiya Rai Resident of Village - Dhenuki, P.O.- Dhenuki, P.S.- Panapur, District- Saran. 4.

Sunil Kumar Yadav @ Sunil Rai Son of Birendra Rai Resident of Village - Dhenuki, P.O.- Dhenuki, P.S.- Panapur, District- Saran. 5.

Munna Rai Son of Surendra Rai Resident of Village - Dhenuki, P.O.- Dhenuki, P.S.- Panapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP For the informant :

Mr. Raja Ram Rai , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioners, Opposite party No. 2 and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 324, 307, 379, 504, 506 and 34 of the Indian Penal Code .

3. As per the prosecution case , on the alleged date and time of occurrence , all the twelve F.I.R., named accused persons including these petitioners alongwith ten unknown persons armed with various weapons entered into the house of

Patna High Court CR. MISC. No.41487 of 2024(4) dt.05-08-2024 2/3 the informant and assaulted informant, her mother-in-law and her devar due to which they all sustained injuries.

4. It is submitted on behalf of the petitioners that due to petty dispute a simple occurrence of maarpeet took place between both the parties in which both sides sustained injuries. Case and counter case . Allegation of assault is general and omnibus against these petitioners. Injury allegedly caused by these petitioners are simple in nature .

5 . Learned counsel for the State as well as informant opposed the bail petition and submitted that petitioner Nos. 2 and 5 have got six criminal antecedents of similar nature .

6. Considering the fact that petitioner Nos. 2 and 5 have got six criminal antecedents of similar nature , their prayer for pre - arrest bail is rejected.

7. Considering the general and omnibus allegation of assault against petitioner Nos. 1, 3 and 4 and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 , 3 and 4 , as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - VIth, Saran at Chapra in connection with

Patna High Court CR. MISC. No.41487 of 2024(4) dt.05-08-2024 3/3 Panapur P.S. Case No. 24 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T