Amarjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37743 of 2019 Arising Out of PS. Case No.-579 Year-2010 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

AMARJEET RAI, age about 34 years (M), S/o Ramprit Ray, R/VKorbadha, P.S.- Samastipur (M), District- Samastipur. 2.

Ranjeet Rai @ Ranjeet Kumar, age 29 years (M), S/o Ramprit Ray, R/VKorbadha, P.S.- Samastipur (M), District- Samastipur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ajay Kumar, Advocate.

For the Opposite Party :

Mr.Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 09.04.2019 in a case for the offence registered under Sections 341, 323, 324, 307 and 379/34 of the IPC.

The prosecution story, in brief, is that on 15.10.2010 at about 9.20 A.M., the informant was going on his Motorcycle. As he reached near the house of Ramprit Rai, he called him to stop the Motorcycle. Upon which, he stopped and suddenly Ramprit Rai, Amarjeet Rai, Ram Sagar Rai, Ranjit Rai came and attacked the informant with sharp edged weapon on his head and gave injury on his head, Amarjeet Rai gave blows of

Patna High Court CR. MISC. No.37743 of 2019(2) dt.21-06-2019 2/3 high rinch and brick on his body, Ram Sagar Rai tried to give blow of Farsa on the head of informant, which caused injury on the forehead. Ranjeet Rai gave blow of brick. The informant made hue and cry upon which they ran away but before going, Ramprit Rai took Rs. 18,000/- from the pocket of informant and a gold chain from his neck worth Rs. 28,000/-. Amarjeet Rai took wrist watch and gold ring.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the side of accused persons has not been explained by the prosecution. The prosecution has not come with clean hands. General and omnibus allegation has been alleged against the petitioners. Specific allegation is against co-accused Ram Sagar Rai.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let

Patna High Court CR. MISC. No.37743 of 2019(2) dt.21-06-2019 3/3 the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Samastipur, in connection with Samastipur (M) P.S. Case No. 579 of 2010.

(Sudhir Singh, J) U.K./- U T