← Library
Patna High CourtCR. MISC./44870/2023disposed

Santosh Kumar Rai v. The State Of Bihar

2023-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44870 of 2023 Arising Out of PS. Case No.-625 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== 1.

Santosh Kumar Rai Son of Jeet Lal Rai Resident of village - Bajahiya, P.S. - Dariyapur, Distt. - Saran at Chapra 2.

Upendra Rai Son of Jag Lal Rai Resident of village - Bajahiya, P.S. - Dariyapur, Distt. - Saran at Chapra 3.

Jaglal Rai Son of Late Sughar Ray Resident of village - Bajahiya, P.S. - Dariyapur, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udai Shankar Singh, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 At the outset, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 2 as he has already been arrested during pendency of the case.

2. Permission is granted.

3. The anticipatory bail application with regard to petitioner No. 2 is dismissed as withdrawn.

4. Petitioner Nos. 1 and 3 apprehend arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 354, 504 and 506 of the Indian Penal Code.

5. As per F.I.R., petitioner No. 1 is alleged to have

Patna High Court CR. MISC. No.44870 of 2023(2) dt.11-08-2023 2/2 assaulted on the head of son of the informant with iron rod.

6. It is submitted that doctor has found the injury simple in nature. So far, petitioner No. 3 is concerned there is no allegation of assault against him. Case and counter case. Petitioners have got clean antecedent.

7. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner Nos. 1 and 3 in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-XIII, Saran at Chapra in connection with Dariyapur P. S. Case No. 625 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T