Bikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2283 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== 1.

Bikash Rai Son of Munarik Rai Resident of Sadar Gali, P.S.-Khajekala, Dist-Patna.

2.

Akhilesh Rai Son of Munarik Rai Resident of Sadar Gali, P.S.-Khajekala, Dist-Patna.

3.

Vikash Rai Son of Ram Sanjeevan Rai Resident of Sadar Gali, P.S.- Khajekala, Dist-Patna.

4.

Vikrant Rai Son of Ram Sanjeevan Rai Resident of Sadar Gali, P.S.- Khajekala, Dist-Patna.

5.

Rambriksh Rai Son of Late Saukhi Rai Resident of Sadar Gali, P.S.- Khajekala, Dist-Patna.

6.

Gorakh Rai Son of Rambriksh Rai Resident of Sadar Gali, P.S.-Khajekala, Dist-Patna.

7.

Birendra Rai Son of Rambriksh Rai Resident of Sadar Gali, P.S.-Khajekala, Dist-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khajekala P.S. Case no. 116 of 2020 instituted for the offence punishable under Sections 341, 323, 325, 307, 504, 379/34 of the Indian Penal Code.

As per allegation in the FIR, after breaking the lock of the house of the informant, petitioners had entered into the

Patna High Court CR. MISC. No.2283 of 2021(4) dt.24-02-2022 2/3 house and when the informant protest them, they started to hurl abuse and assault to the informant and his family members by which informant and two other persons have received injury. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is no specific allegation of assault against them rather the allegations are general and omnibus. Injuries received by the injured is simple in nature caused by hard and blunt substance. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Khajekala P.S. Case no. 116 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Patna City, Patna subject to the conditions as laid

Patna High Court CR. MISC. No.2283 of 2021(4) dt.24-02-2022 3/3 down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U