Dineshwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51262 of 2023 Arising Out of PS. Case No.-679 Year-2021 Thana- SONEPUR District- Saran ====================================================== DINESHWAR RAI S/O LATE NASIB RAI R/O VILLAGE- PAHLEZA SHAHPUR DIYARA, PS. SONEPUR, DIST. SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sonepur Police Station Case No. 679 of 2021, dated 17.11.2021, disclosing offences punishable under Sections 341/323/324/325/307/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 17.11.2021, at 0830 PM, while the informant was returning to his home, he was accosted by the accused persons, armed with rod, pistol, knife etc., and when the brothers of the informant intervened, they were assaulted by the accused persons causing head injury to Bochan Rai and also assaulted by knife to his brother,
Patna High Court CR. MISC. No.51262 of 2023(2) dt.19-08-2023 2/3 Rahul Rai, causing injury in his abdomen.
4. Learned Counsel for the petitioner submits that the petitioner has been implicated in this case due to political rivalry, which would be evident from the First Information Report itself. He further submits that the petitioner is having no criminal antecedent and there is counter case also filed by the side of the petitioner. He further submits that the allegation against the petitioner is general and omnibus in nature and the nature of the injury has not been produced before the learned District Court at the time of hearing of the bail application.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is general and omnibus in nature, the petitioner has got no criminal antecedent, there is case and counter case between the parties and the nature of injury has not been produced by the prosecution, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of
Patna High Court CR. MISC. No.51262 of 2023(2) dt.19-08-2023 3/3 four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, at Chapra, in connection with Sonepur Police Station Case No. 679 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √