Biresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46746 of 2023 Arising Out of PS. Case No.-67 Year-2020 Thana- KOPA District- Saran ====================================================== 1.

Biresh Rai Son Of Late Deonarayan Rai Resident Of Village - Chaukhara, Police Station - Kopa, District - Saran (Chapra). 2.

Sachin Rai Son Of Biresh Rai Resident Of Village - Chaukhara, Police Station - Kopa, District - Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Kopa P.S. Case No. 67 of 2020 dated 26.03.2020 registered for the offences punishable under Sections 341, 323, 307, 504 and 506/ 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have intercepted the

Patna High Court CR. MISC. No.46746 of 2023(3) dt.11-01-2024 2/3 informant and the co-accused Mohit Rai started abusing. Thereafter, the co-accused Rahul Rai and Sukesh Upadhaya caught the informant and the petitioners started assaulting the informant with knife and gupti causing injuries on his abdomen, chest, neck and left thigh.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has further submitted that the injuries are simple in nature as per para 19 of the case diary. There is general and omnibus allegation against the petitioners.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Kopa P.S. Case No. 67 of 2020, subject to conditions as laid down

Patna High Court CR. MISC. No.46746 of 2023(3) dt.11-01-2024 3/3 under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T