Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35242 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== 1.

UMESH RAI Son of Sabha Rai Resident of Village-Manpura, P.SDariyapur, District-Saran (Chapra). 2.

Satyendra Rai S/o Sabha Rai Resident of Village-Manpura, P.S-Dariyapur, District-Saran (Chapra).

3.

Rajesh Rai @ Rajesh Kumar Ray S/o Sabha Rai Resident of VillageManpura, P.S-Dariyapur, District-Saran (Chapra). 4.

Dharmendra Rai S/o Ramesh Rai Resident of Village-Manpura, P.SDariyapur, District-Saran (Chapra). 5.

Dhiraj Rai @ Dhiraj Kumar S/o Ramesh Rai Resident of Village-Manpura, P.S-Dariyapur, District-Saran (Chapra).

6.

Sabha Rai S/o Late Raghuni Rai Resident of Village-Manpura, P.SDariyapur, District-Saran (Chapra). 7.

Ramesh Rai S/o Late Raghuni Rai Resident of Village-Manpura, P.SDariyapur, District-Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 447, 504, 308, 379/34 of the Indian

Patna High Court CR. MISC. No.35242 of 2020(2) dt.19-03-2021 2/3 Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused persons, variously armed, assaulted the informant due to which he sustained injuries. The family members came in rescue were also assaulted.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, Saran in connection with Dariyapur P.S.

Patna High Court CR. MISC. No.35242 of 2020(2) dt.19-03-2021 3/3 Case No. 13 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T