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Patna High CourtCR. MISC./49847/2021bail granted

Manoj Rai v. The State Of Bihar

2022-07-06Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49847 of 2021 Arising Out of PS. Case No.-170 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

MANOJ RAI S/O Bachcha Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj.

2.

BACHCHA RAI S/o - Late Jairam Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj.

3.

JUGESHWAR RAI S/o- Late Deo Narayan Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj. 4.

PRAMENDRA RAI S/o- Late Deo Narayan Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj. 5.

RAMJI RAI S/o- Late Deo Narayan Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj.

6.

DEWENDRA RAI S/O- Ramji Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj.

7.

MEENA DEVI W/o- Manoj Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj.

8.

CHINTA DEVI W/o- Ramji Rai Resident of Village - Jalalpur Kala, P.S. - Sidhwalia, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr. J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and Mr. J.N.Thakur, the learned APP for the State. The petitioners apprehend their arrest for the

Patna High Court CR. MISC. No.49847 of 2021(3) dt.06-07-2022 2/3 offences alleged under Sections 341, 323, 324, 325, 504, 370, 379 and 34 of the Indian Penal Code, registered in connection with Sidhwalia P.S.Case No. 170 of 2019.

As per allegation, eight named accused persons, who were already in ambush, attacked the informant and they assaulted him. The allegation against petitioner no.1 is that he assaulted with farsa on his head. Petitioner no.4 Pramendra Rai assaulted the son and brother of the informant. The learned counsel for the petitioners has submitted that there is case and counter case. The members of the defense side have also suffered injuries. The petitioners are the persons of clean antecedents and injuries suffered by the injured persons in the present case are simple in nature.

The learned APP has opposed the prayer for anticipatory bail.

Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released 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 Miss. Shobhna Tripathi, J.M. 1st Class, Gopalganj in connection with Sidhwalia (Gopalganj)

Patna High Court CR. MISC. No.49847 of 2021(3) dt.06-07-2022 3/3 P.S.Case No. 170 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T