Manishesh Rai @ Manishesh Ray @ Nepali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51939 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- SISWAN District- Siwan ====================================================== 1.

MANISHESH RAI @ MANISHESH RAY @ NEPALI SINGH SON OF MADHURENDRA RAY @ MADHURENDRA RAI RESIDENT OF VILLAGE - DUMRAHAR BUZURG, DUMRAHAR KHURD, P.S. - DARAULI, DISTRICT - SIWAN, BIHAR 2.

ABHINANDAN KUMAR RAI @ ABHINANDAN RAY SON OF MADHURENDRA RAI RESIDENT OF VILLAGE - DUMRAHAR BUZURG, DUMRAHAR KHURD, P.S. - DARAULI, DISTRICT - SIWAN, BIHAR 3.

ANIK RAY @ ANIL RAI @ ANIL RAY SON OF MADHURENDRA RAI RESIDENT OF VILLAGE - DUMRAHAR BUZURG, DUMRAHAR KHURD, P.S. - DARAULI, DISTRICT - SIWAN, BIHAR 4.

ATUL DUBEY SON OF LATE BABAN JI DUBEY @ BABUNJI DUBEY @ BABAN DUBEY RESIDENT OF VILLAGE -MAIRITAR, P.S. - GUTHNI, DISTRICT - SIWAN, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Harendra Prasad , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341, 323, 324, 307, 504, 506, 353 and 333 of the Indian Penal Code.

3. Petitioners are alleged to have assaulted the police guard, Pintu Kumar Yadav during checking of vehicle. It is further alleged that he sustained multiple injuries.

Patna High Court CR. MISC. No.51939 of 2023(2) dt.19-08-2023 2/2 4.It is submitted that the petitioners are innocent and have falsely been implicated in this case. There is delay of 40 hours in lodging the FIR, for which there is no plausible explanation , which itself creates doubt over the entire prosecution case . Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that petitioner is named in F.I.R with specific allegation of assaulting the police guard on duty, who sustained multiple injuries.

6. Considering the fact that petitioners assaulted the police guard who was on duty, prayer for pre-arrest bail of the petitioners is rejected.

(Prabhat Kumar Singh, J) Kaushik/- U T