Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50659 of 2021 Arising Out of PS. Case No.-610 Year-2020 Thana- DIGHA District- Patna ====================================================== 1.

ANIL RAI S/o Rudal Rai, R/o- Kurji Magadh Colony, P.S.- Digha, DistrictPatna 2.

SUNIL RAI S/o Rudal Rai, R/o- Kurji Magadh Colony, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit Mr. Abhishek ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-06-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Digha P.S. Case No. 610 of 2020 registered for offence punishable under sections 447, 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

As per allegation, nine named accused persons, including the petitioners, attacked the members of the informant side. The specific allegation against co-accused Lal Kishun Rai

Patna High Court CR. MISC. No.50659 of 2021(2) dt.21-06-2022 2/3 is that he assaulted the informant on his head. The accused persons also assaulted the family members of the informant. Further allegation against the accused persons is that they snatched golden chain from the neck of Vikash Kumar as well as Pushpa Devi.

The learned counsel for the petitioners has submitted that the allegation against the petitioners is general and omnibus. The specific allegation is against co-accused Lal Kishun Rai of inflicting blows on the head of the informant. He has submitted further that the informant has also been implicated in Digha P.S. Case No. 346 of 2021. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that not only the informant was assaulted, but also his family members were assaulted and sustained injuries.

The allegation of assault to the informant is specifically assigned against co-accused Lal Kishun Rai. So far as petitioners are concerned, there is no specific allegation, rather it is general and omnibus.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed

Patna High Court CR. MISC. No.50659 of 2021(2) dt.21-06-2022 3/3 to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 610 of 2020, subject to condition 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 mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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