Vakil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36305 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- MOHAMMADPUR District- Gopalganj ============================================== 1.

VAKIL RAI S/o Late Sangam Rai R/o village- Fatehpur, P.S.- Mohammadpur, District- Gopalganj 2.

VIJAY RAI @ VIJAY KUMAR S/o Late Basuli Rai R/o village- Fatehpur, P.S.- Mohammadpur, District- Gopalganj ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2021 Heard, Mr. Bijay Prakash Singh, learned counsel for the petitioners and learned APP for the State. Mr. Bijay Prakash Singh, learned counsel for the petitioners submits that petitioner no. 2 has been arrested during pendency of this petition. He, therefore, prays that the application with respect to petitioner no. 2 be dismissed as having become infructuous.

The application with respect to petitioner no. 2/ Vijay Rai @ Vijay Kumar is dismissed as having become infructuous.

Patna High Court CR. MISC. No.36305 of 2020(2) dt.04-01-2021 2/3 The petitioner no. 1 seeks bail in anticipation of his arrest in connection with Mohammadpur P.S. Case No. 126 of 2019 instituted for the offence under Sections 149, 341, 323, 324 and 307 of the Indian Penal Code.

It has been alleged in the First Information Report that the petitioner no. 1 assaulted one Barun Rai by means of farsa. However, the injury report of aforesaid Barun Rai reflects that the injuries suffered by him are all by hard and blunt object. Some of the other accused persons have been granted anticipatory bail, which fact has been stated in paragraph -3 of the bail petition.

The petitioner no. 1 has clean antecedent.

Considering the afore-stated facts, the petitioner no. 1/ Vakil Rai, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Gopalganj, in connection with

Patna High Court CR. MISC. No.36305 of 2020(2) dt.04-01-2021 3/3 Mohammadpur P.S. Case No. 126 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T