Mukesh Rai @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49844 of 2023 Arising Out of PS. Case No.-493 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== 1.

MUKESH RAI @ MUKESH KUMAR Son of Harihar Rai Resident of village - Sorhatha, P.S. - Vaishali (Belsar O.P.), Distt. - Vaishali 2.

DURGESH KUMAR Son of Shankar Rai Resident of village - Sorhatha, P.S. - Vaishali (Belsar O.P.), Distt. - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Vaishali (Belsar O.P.) P.S. Case No. 493 of 2021, registered for the offences punishable under Sections 363, 366/34 of the Indian Penal Code.

3. As per allegation, the informant got an information that winner mukhiya of village Sorhatha namely Virendra Rai was threatening and assaulting the opposite parties of his village and damaging their house. On such information, when he along with other police personnel reached at the place of occurrence, he saw that a large numbers of people had assembled in front of the house of Virendra Rai and Sahilendra Rai. Co-accused

Patna High Court CR. MISC. No.49844 of 2023(2) dt.11-08-2023 2/2 Virendra Rai, Pappu Rai, Vijay Rai and Bindeshwar Rai were firing and others were pelting stones. Three empty cartridges were recovered from the place of occurrence. Marks of pellets were found on the wall of Karikha Maharaj Temple and some parts of the temple were also damaged.

4. The learned counsel for the petitioner has submitted that they are innocent and have falsely been implicated in this case. There is no allegation of firing against them and on similar footing, a number of accused persons have been granted anticipatory bail.

5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Vaishali (Belsar O.P.) P.S. Case No. 493 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T