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Patna High CourtCR. MISC./5047/2021bail granted

Laxman Rai v. The State Of Bihar

2021-09-10Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5047 of 2021 Arising Out of PS. Case No.-503 Year-2019 Thana- BIDUPUR District- Vaishali ============================================== 1.

LAXMAN RAI Son of Late Sitab Rai Resident of Village - Bishanpur, P.S. - Bidupur, District - Vaishali at Hajipur (Bihar). 2.

Rahul Kumar Son of Shankar Rai Resident of Village - Bishanpur, P.S. - Bidupur, District - Vaishali at Hajipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr. R.B. Roy Raman ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-09-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bidupur P.S. Case No. 503 of 2019 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The accusation against the petitioner no. 1 is general and omnibus of catching hold whereas petitioner no. 2 is said to be the order giver.

Patna High Court CR. MISC. No.5047 of 2021(2) dt.10-09-2021 2/3 The learned counsel for the petitioners has submitted that the person who has assaulted the informant has been granted anticipatory bail by a Bench of this Court. Apart from this, it has been submitted that the accusation is false and is an attempt to protect the prosecution party from action against them because of Bidupur P.S. Case No. 471 of 2019 which is the counter version of the occurrence. It has further been submitted that the injuries on the side of the petitioners have not been explained in the subject F.I.R., giving a clear indication that the accusation in the F.I.R. is not correct but is exaggerated.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 503 of 2019, subject

Patna High Court CR. MISC. No.5047 of 2021(2) dt.10-09-2021 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T