Rajesh Kumar Rai @ Raja Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37521 of 2022 Arising Out of PS. Case No.-27 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

RAJESH KUMAR RAI @ RAJA RAI S/O BHOLA RAY Resident of village- Ratanpura, P.S.- Motipur, District- Muzaffarpur. 2.

AWADHESH RAI S/O BHOLA RAY Resident of village- Ratanpura, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 120B, 341, 323, 307, 353, 354, 379, 413, 414, 427, 504, 511, 34 of IPC.

Allegedly, the petitioners alongwith other accused persons attacked the police party, damaged government vehicle and attempted to snatch arms of the police party.

Patna High Court CR. MISC. No.37521 of 2022(2) dt.29-09-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no specific allegation against the petitioners. It is further submitted that some of the co-accused persons have been granted anticipatory bail by a coordinate bench of this court passed in Cr. Misc. No,166 of 2021 vide order dated 27.10.2021. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since similarly situated co-accused persons have been granted anticipatory bail, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.37521 of 2022(2) dt.29-09-2022 3/3 pending/Successor Court in Motipur P.S. Case No.27 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T