Jai Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50371 of 2021 Arising Out of PS. Case No.-644 Year-2020 Thana- DIGHA District- Patna ====================================================== 1.

JAI PRAKASH RAI S/o- Baijnath Rai Resident of Mohalla - Polson Digha, P.S. - Digha, District - Patna.

2.

Baijnath Rai S/o- Late Husaini Rai Resident of Mohalla - Polson Digha, P.S. - Digha, District - Patna.

3.

Ratan Rai S/o- Late Ganesh Rai R/O Mohalla - Bans Kothi, Gate No. -93, P.S. - Digha, District - Patna.

4.

Sonu Kumar S/o- Ratan Rai R/O Mohalla - Bans Kothi, Gate No. -93, P.S. - Digha, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2022 At the outset, learned counsel for the petitioners submits that petitioner no. 3 namely Ratan Rai has been arrested and as such, he seeks permission to withdraw this petition, so far as petitioner no. 3 is concerned.

Accordingly, in respect of petitioner no. 3, this petition is dismissed as withdrawn.

Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

Patna High Court CR. MISC. No.50371 of 2021(5) dt.19-07-2022 2/2 As per the prosecution case, on 18.12.2020 at about 10:30 AM, while the informant alongwith his brother and father were at their shop, petitioners alongwith 15-20 unknown persons came their and abused and threatened to withdraw the case lodged by them against petitioners and on refusal, they assaulted them, as a result of which, all the three persons got badly injured.

It is submitted on behalf of petitioners that there is case and counter case and both sides sustained injury. It is further submitted that a joint compromise petition has been filed on behalf of the parties in the court below, which is at Annexure 3 to the petition.

However, considering the nature of accusation and the fact that all the three persons got badly injured as also the fact that petitioner no. 1 has got two criminal antecedent, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T