Ravi Kant Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47506 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.
Ravi Kant Rai Son Of Late Umashanker Rai Village- Chhata Bararhi, PsRamgarh, (NUAON), Dist- Kaimur 2.
Ashutosh Rai Son Of Ravi Kant Rai Village- Chhata Bararhi, Ps- Ramgarh, (NUAON), Dist- Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Tripathy, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Ramgarh (Nuaon) P.S. Case No. 145 of 2024 registered under Sections 341, 323, 307, 385, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, on 21.04.2024 at about 09:30 p.m., while the informant was going to his co-villager's house to participate in a function, in the meantime petitioner no. 2 came near informant and demanded extortion money of Rs. 2 lakhs for plying harvester and also started abusing him, and when informant raised objection, these petitioners in order to commit
Patna High Court CR. MISC. No.47506 of 2024(3) dt.23-09-2024 2/3 murder, pressed the neck and chest of informant, due to which he became unconscious.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to dirty village politics and oblique motive. Further submission is that both parties are gotiya and due to petty dispute, this false and concocted case has been lodged. Allegation of assault and abuse is general and omnibus. The doctor has found the injury simple in nature.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application and submits that petitioners are named in the First Information Report and petitioner no. 1 has got 4 criminal antecedents.
6. Considering the criminal antecedents of petitioner no. 1, namely, Ravi Kant Rai, his prayer for bail is rejected.
7. So far as petitioner no. 2 is concerned, he has got clean antecedent, let petitioner no. 2, namely, Ashutosh Rai, be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in
Patna High Court CR. MISC. No.47506 of 2024(3) dt.23-09-2024 3/3 connection with Ramgarh (Nuaon) P.S. Case No. 145 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T