Lalan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39519 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1.

Lalan Rai S/O Late Bahadur Rai @ Ram Bahadur Rai R/O VillagePaigambarpur, P.S.- Siwaipatti, District- Muzaffarpur 2.

Baban Rai S/O Late Bahadur Rai @ Ram Bahadur Rai R/O VillagePaigambarpur, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad Mr. Nagendra Upadhayay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code. Petitioners are said to have assaulted and abused the informant and her son and husband by means of lathi, danda, fist and slap and also snatched the golden Mangalsutra. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.39519 of 2022(2) dt.17-11-2022 2/2 the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners have been falsely implicated in this case due to some election dispute. He submits that no incriminating article or stolen property have been recovered from the conscious possession of the petitioners or their home, so section 379 of the IPC is not made out against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 pending/successor court in connection with Siwaipatti P.S. Case No. 141 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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