Chandra Shekhar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46229 of 2021 Arising Out of PS. Case No.-577 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Chandra Shekhar Rai Son of Sri Pragas Rai Resident of Village - Paudmay Shah Mohammadpur, P.S.- Tisiauta, Dist.- Vaishali. 2.

Bhushan Rai Son of Sri Pragas Rai Resident of Village - Paudmay Shah Mohammadpur, P.S.- Tisiauta, Dist.- Vaishali. 3.

Arjun Rai Son of Dashrath Rai Resident of Village - Paudmay Shah Mohammadpur, P.S.- Tisiauta, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Shankar Das For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2022 Heard both parties.

The petitioners seek bail in Mahua P.S. Case No. 577 of 2019, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code. As per the prosecution case, on 07.10.2019 at 4.00 pm while the father of informant was returning from Govindpur fair he saw that petitioners and other accused persons were assaulting his son. When informant's father went to rescue him, all the accused persons brutally assaulted him as a result of which he succumbed to the injuries during course of treatment. It is submitted on behalf of the petitioners that from

Patna High Court CR. MISC. No.46229 of 2021(3) dt.12-04-2022 2/2 bare perusal of FIR, it is apparent that there is general and omnibus allegation against all the eight accused persons including petitioners and no specific overt act has been raised against petitioners. There is case and counter case. On account of previous enmity petitioners have been made accused in this case. Petitioners are in custody since 21.05.2021 having clean antecedent. Investigation is complete.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 577 of 2019. (Prabhat Kumar Singh, J) vinita/- U T