Chhathu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52036 of 2021 Arising Out of PS. Case No.-425 Year-2021 Thana- GARKHA District- Saran ====================================================== 1.

CHHATHU RAI Son of Late Chandrika Rai Resident of Village - Rariya, P.S.- Garkha, Distt.- Saran.

2.

BARESH RAI Son of Late Chandrika Rai Resident of Village - Rariya, P.S.- Garkha, Distt.- Saran.

3.

RAMJEE RAI Son of Late Chandrika Rai Resident of Village - Rariya, P.S.- Garkha, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.2, namely, Baresh Rai.

Permission is accorded.

Accordingly, the petition of petitioner no.2, namely, Baresh Rai is dismissed as withdrawn.

Heard learned counsel for the petitioners no.1 and 3 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 325, 504 and 506/34 of the Indian Penal Code. It is a case of assaulting to the informant by means of Daab by the accused persons including the petitioners.

Patna High Court CR. MISC. No.52036 of 2021(2) dt.04-07-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that main allegation of assault is against Baresh Rai who is not petitioner before this Court. Impugned order shows that the injury report of the informant contained in para50 of the case diary caused by co-accused persons including Baresh Rai. Petitioners have got clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Chhathu Rai and Ramjee Rai in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Chandra Bose Kumar Singh, Judicial Magistrate, Ist Class, Saran at Chapra in connection with Garkha P.S. Case No. 425 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T