Sanjaya Kumar Rai @ Sanjaya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51006 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- BUXAR District- Buxar ====================================================== 1.

Sanjaya Kumar Rai @ Sanjaya Rai, Son Of Late Sheo Sankar Rai, R/OChhotaki Sarimur, P.S.- Buxar Town, District- Buxar 2.

Dinesh Kumar Rai @ Bablu Kumar, Son Of Harihar Sharma, R/O- Chhotaki Sarimur, P.S.- Buxar Town, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lalbahadur Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Buxar Town P.S. Case No. 181 of 2024, registered for the offences punishable under Sections 341, 323, 504, 385, 427, 308/34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Jitendra Pandey came at the motorcycle of the informant and started abusing him when his son came to rescue him then co-accused Satyam Kumar and Bishnu Rai who are nephew of Jitendra Pandey came there and started assaulting him and his son. Coaccused Jitendra Pandey with intention to kill the informant

Patna High Court CR. MISC. No.51006 of 2024(2) dt.31-08-2024 2/3 assaulted with iron rod on the forehead due to which he fell down and became unconscious. It is further alleged that when he regain consciousness he saw that the petitioners were instigating for assaulting him.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Specific allegation of assault is on co-accused Jitendra Pandey. Allegation against the petitioners are general in nature. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Buxar Town P.S. Case No. 181 of 2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.51006 of 2024(2) dt.31-08-2024 3/3 Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T