Mahesh Rai @ Mahesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49103 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.
MAHESH RAI @ MAHESH RAY S/O Manager Rai R/O Village- Sabalpur Chai Tola, P.O and P.S- Sonepur, Distt.- Saran. 2.
Shiv Mangal Thakur S/O Late Saguni Thakur R/O Village- Sabalpur Chai Tola, P.O and P.S- Sonepur, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Singh For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023
1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Sonepur P.S. Case No. 238 of 2023 dated 01.04.2023 registered for the offences punishable u/ss 147, 148, 149, 448, 341, 323, 324, 307, 504, 506, 379 of the Indian Penal Code.
4. As per the prosecution case, it is alleged that all the accused persons along with these petitioners and 3-4 unknown
Patna High Court CR. MISC. No.49103 of 2023(2) dt.04-08-2023 2/3 persons, armed with weapons entered the house of the informant and assaulted him and his family members.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against these petitioners. Nothing incriminating material has been recovered from the conscious possession of the petitioners. The petitioner no. 1 is accused in five other criminal cases as stated in para 3 of the bail petition whereas the petitioner no. 2 is accused in one more criminal case. The petitioners are in custody since 06.04.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Sonepur P.S. Case No. 238 of 2023 with condition :- (i) The petitioner is directed to remain physically present before the learned Court
Patna High Court CR. MISC. No.49103 of 2023(2) dt.04-08-2023 3/3 below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T