Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59985 of 2021 Arising Out of PS. Case No.-348 Year-2021 Thana- RUPASPUR District- Patna ====================================================== 1.

SUBHASH RAI S/o- LATE KISHORI RAI R/o New Mubarakpur, Vijay Path, P.S.- Shahpur, District- Patna.

2.

Sunil Kumar Son of Subhash Rai Resident of Village- New Mubarakpur, Vijay Path, P.S.- Shahpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rupaspur P.S. Case no. 348 of 2021 instituted for the offence punishable under Sections 341, 323, 307 and 379/34 of the Indian Penal Code.

As per allegation in the FIR, while the informant was running his tea shop, several accused persons including the petitioners came there and started to assault him and his brother by means of iron rod and knife resulting into head and chest injury to them. When her mother came there to rescue them, she was also brutally assaulted by the accused persons. Petitioner no. 2 took away Rs. 20,000/- from the money box of the shop.

Learned counsel appearing on behalf of the petitioners has

Patna High Court CR. MISC. No.59985 of 2021(2) dt.20-06-2022 2/2 submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in the alleged incident. Injury received by the injured is simple in nature. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rupaspur P.S. Case no. 348 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJMII, Danapur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U