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Patna High CourtCR. MISC./41864/2024bail granted

Dinesh Rai v. The State Of Bihar

2024-07-23Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41864 of 2024 Arising Out of PS. Case No.-158 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== Dinesh Rai SON OF Late Ramji Rai R/O- VILL- SAMSUDDINPUR, P.SRIVILGANJ, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehend his arrest in connection with Rivilganj P.S. Case No. 158 of 2021, registered for offence punishable under sections 147, 148, 149, 447, 341, 323, 504, 332, 333, 353, 307, 427 of the Indian Penal Code.

3. As per FIR, on the date of occurrence, at about 7:00 A.M, co-accused Aman Singh and Aniket Singh along with 1015 persons came to the police station and enquired about the action taken by the police against the accused of Rivilganj P.S. Case No. 157 of 2021. On which, the informant asked that they are raiding for the arrest of the accused on which, they went back and again at about 10.20 A.M., 27 named along with 100

Patna High Court CR. MISC. No.41864 of 2024(2) dt.23-07-2024 2/3 unknown persons having armed with Lathi and Danda came to the police station and attacked the police personnel present there. The miscreants also damaged the vehicle of the police station.

4. The learned counsel for the petitioner has submitted that the members of defense side had filed Rivilganj P.S. Case No. 157 of 2021 and in that case, the police was avoiding arrest of those accused persons and when the members of the petitioner's side went to the police station to inquire about the reason for not arresting the accused persons, he has falsely been implicated in this case. He has submitted further that the other co-accused persons on similar grounds have been granted anticipatory bail in Cr. Misc. Nos. 67075 of 2023, 5818 of 2022 and 54051 of 2021.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in

Patna High Court CR. MISC. No.41864 of 2024(2) dt.23-07-2024 3/3 connection with Rivilganj P.S. Case No. 158 of 2021, subject to condition as laid down under section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T