Haricharan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39920 of 2020 Arising Out of PS. Case No.-144 Year-2020 Thana- MALSALAMI District- Patna ====================================================== 1.

HARICHARAN RAI Son Of Late Kuldip Rai Resident Of VillageRikabganj, P. S. - Malsalami, District - Patna. 2.

Jitendra Kumar Son Of Nagendra Rai Resident Of Village- Rikabganj, P. S. - Malsalami, District - Patna.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Ms. Usha Kumari Singh, Advocate.

For the State :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 26.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners apprehend their arrest in connection with Malsalami P.S. Case No.144 of 2020 registered under Sections 341, 323, 307, 379 and 427/34 of the Indian Penal Code.

The accusation is that on 29.05.2020 at about 01.00

Patna High Court CR. MISC. No.39920 of 2020(2) dt.16-07-2021 2/3 P.M., the informant Sudhir Rai was driving the tractor attached with trailer, which was loaded with sand. When the informant reached near the turning of Bazar Samiti, then five persons named in the F.I.R., including the petitioners having iron rod in their hand surrounded and pulled him from the tractor and caused assault, due to which the informant sustained injury on his head and also sustained swelling injury at his chest, back and hand. The informant tried to give the information to his family members but the petitioner no.2 Jitendra Kumar snatched his mobile and damaged the same and the petitioner no.1 Haricharan Rai snatched cash Rs.5200/- from his pocket. Thereafter, all fled away from there.

Learned counsel appearing for the petitioners submits that the petitioners and the informant are co-villagers and due to dirty village politics, the informant has lodged the present case with false allegation. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.39920 of 2020(2) dt.16-07-2021 3/3 amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Patna City, Patna, in connection with Malsalami P.S. Case No.144 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T