Patna High CourtCR. MISC./53617/2018bail granted

Mahesh Rai And ORS v. The State Of Bihar

2018-10-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53617 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- BARH District- Patna ======================================================

1. Mahesh Rai, aged about 30 years,

2. Kamlesh Rai, aged about 28 years,

3. Munna @ Munna Kumar, @ Munna Rai, aged about 26 years,

4. Karu @ Karu Kumar, aged about 24 years, All are sons of Suresh Rai, All resident of Salempur, P.S. Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tilak Sao For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons have assaulted and his brother due to which they sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.53617 of 2018(3) dt.12-10-2018 2/2 present case. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Barh, Patna in connection with Barh P.S. Case No. 161/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T