Sulendra Rai @ Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39443 of 2024 Arising Out of PS. Case No.-849 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

Sulendra Rai @ Surendra Rai Son Of Ram Anuj Rai 2.

Shiv Shankar Kumar @ Shi Shankar Kumar Son Of Gopal Rai Both Resident of Village- Amnabad, Ps- Bihta, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 427 and 506/34 of the IPC in connection with Bihta P.S. Case No.849 of 2022.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that even presuming what has been alleged is true without admitting then the injury suffered by the injured is simple in nature which amply demonstrates that petitioners never had any intention of committing a serious occurrence. It is also submitted that petitioner no.1 is alleged to have assaulted

Patna High Court CR. MISC. No.39443 of 2024(4) dt.30-09-2024 2/2 Pankaj (informant) and Shiv Shankar is alleged to have assaulted Sonu Kumar and both have suffered simple injury.

4. The learned APP opposes the anticipatory bail application, but fairly submits that the injured have suffered simple injury.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Ist, Danapur, Patna in connection with Bihta P.S. Case No.849 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T