Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43024 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- PATORI District- Samastipur ====================================================== 1.

MOHAN RAI Son of Late Ram Prasad Rai Resident of Village - Sarsaba, P.S. Patory (Mohanpur O.P.), District - Samastipur. 2.

Masudan Rai S/o Late Ram Prasad Rai Resident of Village - Sarsaba, P.S. Patory (Mohanpur O.P.), District - Samastipur. 3.

Satrohan Rai @ Shatrughan Rai S/o Late Balshawar Rai Resident of Village - Sarsaba, P.S. Patory (Mohanpur O.P.), District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 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 Patory (Mohanpur OP) P.S. Case no. 134 of 2022 instituted for the offence punishable under Sections 147, 148, 341, 323, 354(B), 456, 380, 506 of the Indian Penal Code. As per allegation in the FIR, petitioners along with other accused persons entered into the house of informant at night and took away household articles and ornaments. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.43024 of 2022(2) dt.09-12-2022 2/2 has submitted that petitioners are innocent and have committed no offence. Petitioners have been framed to exact vengeance. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

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 or surrender in connection with Patori (Mohanpur) P.S. Case No. 134 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U