Manikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53013 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== 1.

MANIKANT RAI SON OF GANGADHAR RAI Resident of Village - Bithauli, P.S.- Baheri, Distt.- Darbhanga.

2.

KRISHNA KANT JHA Son of Shivkant Jha Resident of Village - Bithauli, P.S.- Baheri, Distt.- Darbhanga.

3.

BHARAT KUMAR RAI SON OF MANI KANT RAI Resident of Village - Bithauli, P.S.- Baheri, Distt.- Darbhanga.

4.

PHOOL KANT RAI SON OF NATHUNI RAI (Inadvertently typed in Impugned order as Nathuni Rai Rajgir Sahani) Resident of Village - Bithauli, P.S.- Baheri, Distt.- Darbhanga.

5.

MAHADEV RAI SON OF GOPI KANT RAI Resident of Village - Bithauli, P.S.- Baheri, Distt.- Darbhanga.

6.

SANJEEV KUMAR JHA @ LAL BABU JHA @ LALBABU JHA SON OF SANTOSH KUMAR JHA Resident of Village - Bithauli, P.S.- Baheri, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Jha, Mr. P.K. Jha For the Opposite Party/s :

Mr.Anita Kumari Singh For the Infor. Mr. Kedar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Baheri P.S. Case no. 270/20 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 427, 380, 436 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.53013 of 2021(4) dt.03-08-2022 2/3 As per allegation in the FIR, while the informant's son was plaughing his field, several accused persons including the petitioner armed with weapons came there and started to assault him with iron rod. When his father came there to rescue him, he was also beaten up by them as a result of which both got injured and fell down. It is further asseged that accused persons set fire to his two storey house and things kept inside the house were turned into ashes.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is case and counter case. Members of both side have received injuries in the alleged incident. From petitioner's side, Abhishek Rai succumbed to the injuries. Injuries sustained by the informant and others are simple in nature.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest

Patna High Court CR. MISC. No.53013 of 2021(4) dt.03-08-2022 3/3 or surrender in connection with Baheri P.S. Case no. 270/20, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VII , Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U