Pulice Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48767 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- PARSA District- Saran ====================================================== 1.
Pulice Rai, S/O Mishri Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran 2.
Vishwanath Rai, S/O Mishri Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran 3.
Ajit Kumar, S/O Yogendra Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran 4.
Vikash Kumar, S/O Pulice Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran 5.
Niraj Kumar, S/O Vishwanth Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran 6.
Lalpari Devi, W/O Yojendra Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran 7.
Sampatiya Devi, W/O Ganesh Rai Resident Of Village - Bankerawan, P.S.- Parsa, District - Saran ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar- Advocate Mr. Shashi Shekhar Tiwary- Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2022 The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos.1, 2 and 6.
Permission is accorded.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioner nos.3, 4, 5 and 7 seek bail in
Patna High Court CR. MISC. No.48767 of 2021(3) dt.30-06-2022 2/3 anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 188, 504, 506, 34 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 11.05.2021, when he was in his maize field, when the accused persons including the petitioners came and started cutting his maize, which was objected, on which, it was alleged that accused persons assaulted and accused Lalpari Devi snatched his golden chain.
The learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the allegations are general and omnibus in nature and the occurrence had taken place on account of land dispute. It is next submitted that from the side of the petitioner Parsa P. S. Case No.156 of 2021 was instituted in which the petitioners' side had received grievous injury and injury from the side of present informant is simple in nature. Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioners and in the nature of allegation as alleged, the petitioner nos.3, 4, 5 and 7, above-named, in the
Patna High Court CR. MISC. No.48767 of 2021(3) dt.30-06-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Parsa P. S. Case No.155 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T