Pankaj Rai @ Rohit Rai @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44154 of 2023 Arising Out of PS. Case No.-255 Year-2022 Thana- JALALPUR District- Saran ====================================================== 1.

Pankaj Rai @ Rohit Rai @ Rohit Kumar S/O Dhirendra Rai R/O VillageRampur, Noor Nagar Ps. Jalalpur Distt. Saran At Chapra 2.

Priyanshu Kumar S/O Dhirendra Rai R/O Village- Rampur, Noor Nagar Ps. Jalalpur Distt. Saran At Chapra 3.

Pinki Devi @ Pinki Kumari D/O Dhirendra Rai R/O Village- Rampur, Noor Nagar Ps. Jalalpur Distt. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jalalpur P.S. Case No. 255 of 2022 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 337, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioner nos. 1 and 3 are persons with clean antecedent, petitioner no.2 has antecedent of one case and the informant alleges that on account of dispute relating to land, on orders of Dhirendra, accused Pankaj Rai and Priyanshu assaulted him by

Patna High Court CR. MISC. No.44154 of 2023(2) dt.24-08-2023 2/3 knife causing injury on head and backside of neck, thereafter Dhirendra assaulted by lathi on leg and hand, next alleges that Pankaj assaulted his brother also by knife causing injury on head and accused persons also assaulted his family members.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that though it is alleged that petitioner nos. 1 and 2 assaulted the informant and his brother by knife but then from perusal of the injury report, as annexed with the supplementary affidavit, it would manifest that the injuries are simple caused by hard and blunt substance, it is thus submitted that the allegations as alleged in the FIR does not get corroborated by the injury report. It is further submitted that as far as petitioner no.3 is concerned, the allegation against her is of pelting stone which is ornamental in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/-

Patna High Court CR. MISC. No.44154 of 2023(2) dt.24-08-2023 3/3 (Rupees Twenty 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 Jalalpur P.S. Case No. 255 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T