Patna High CourtCR. MISC./45583/2023bail granted

Hare Ram Rai @ Hare Ram @ Hare Ram Kumar v. The State Of Bihar

2023-08-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45583 of 2023 Arising Out of PS. Case No.-443 Year-2021 Thana- MANER District- Patna ====================================================== 1.

HARE RAM RAI @ HARE RAM @ HARE RAM KUMAR Son of Kalicharan Rai Resident of village - Bhudar Tola Byapur, P.s. - Maner, Distt. - Patna 2.

LALAN RAI Son of Raman Rai Resident of village - Bhudar Tola Byapur, P.s. - Maner, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, Addl. Public Prosecutor For the Informant :

Mr. Sanjay Kumar Singh, Advocate Mr. Shashank Shekar Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 325, 307 and 302 of the Indian Penal Code.

3. As per the prosecution case, 16 FIR named accused persons including these petitioners and 7 unknown persons armed with lathi, danda, assaulted the father of informant due to which he died.

4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus and no specific

Patna High Court CR. MISC. No.45583 of 2023(2) dt.10-08-2023 2/2 overt act has been alleged against these petitioners. Similarly situated co-accused persons have already granted bail by this Court vide order dated 03.08.2023 in Cr. Misc. No. 42458 of 2023 and in order dated 20.07.2023 in Cr. Misc. No. 30482 of 2023 .

5. Learned counsel for the Informant and State vehemently opposes the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, 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 Judicial Magistrate- 1st, Danapur, Patna in connection with Maner P.S. Case No . 443 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T