Manjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1378 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- AKILPUR District- Saran ====================================================== 1.

MANJAY RAI Son of YADUNANDAN RAI Resident of Village - Jafarpur, P.s. - Akilpur, Distt. - Saran at Chapra 2.

GUDDU KUMAR Son of YADUNANADAN RAI Resident of Village - Jafarpur, P.s. - Akilpur, 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.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 143, 341, 323, 307, 379, 354 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the wife of the informant by means of lathi and danda, due to which she sustained injuries. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.1378 of 2021(2) dt.08-07-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Judicial Magistrate, 1st class, Saran at Chapra in connection with Akilpur P.S. case No.28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection

Patna High Court CR. MISC. No.1378 of 2021(2) dt.08-07-2021 3/3 with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T