Appu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38283 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.
ANJU DEVI @ RANJU DEVI W/O SANJAY RAI @ MUNNA RAI R/O Mohalla- Gardaniya Chowk, Hajipur, PS. Hajipur Town, Dist. Vaishali 2.
ROCKEY KUMAR @ RAUKY KUMAR S/O SANJAY RAI @ NUNNA RAI R/O Mohalla- Gardaniya Chowk, Hajipur, PS. Hajipur Town, Dist. Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42515 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== APPU RAI Son of Late Basu Rai Resident of village - Jadhua Gardaniya Chowk, Hajipur, P.s. - Hajipur Town, Distt. - Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38283 of 2023) For the Petitioner/s :
Mr.N.K. Agrawal, Sr. Adv.
Mr.Prashant Kumar, Adv.
Mr.Manaur Alam, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP (In CRIMINAL MISCELLANEOUS No. 42515 of 2023) For the Petitioner/s :
Mrs.Bela Singh, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 447, 341, 323, 324, 307, 354(B), 380, 427, 504, 506 of the IPC.
Patna High Court CR. MISC. No.38283 of 2023(3) dt.29-08-2023 2/3
3. As per the prosecution case, all the F.I.R. named accused persons including the petitioners armed variously entered the house of informant and started abusing the informant, damaging household articles and attacked the female. When the informant came for rescue, they attacked him with lathi, iron rod and knife.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injury of the informant was reserved and the injury report of the other injured persons suggests the injury as simple in nature. There is case and counter-case between the parties and they have compromised the matter. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six
Patna High Court CR. MISC. No.38283 of 2023(3) dt.29-08-2023 3/3 weeks from today, 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 Ganga Bridge P.S. Case No.276 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T