Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52587 of 2022 Arising Out of PS. Case No.-692 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

DINESH RAI, S/o Nemi Rai, R/o village- Bankat, Tola Bitaha, P.S.- Muffasil, DistrictEast Champaran, Motihari 2.

Munna Rai, S/o Parash Rai, R/o village- Bankat, Tola Bitaha, P.S.- Muffasil, DistrictEast Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The Petitioners are apprehending their arrest in a case registered for the offences punishable u/s 143, 341, 323, 307 and 326 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, the petitioners and the co-accused persons surrounded the informant and the coaccused opened fire from the gun on the informant with intent to kill him which also hit the right leg of the informant.

Patna High Court CR. MISC. No.52587 of 2022(2) dt.16-01-2023 2/3 Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. He has submitted that the injured was treated in private hospital where the injury report of the injured shows entry would over right leg and exit from the back of the calf muscle of the right leg. He has submitted that it does reflects that the injury is grievous in nature as per Section 320 of the I.P.C. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the specific allegation against the petitioners and the injury is found on non-vital part of the body though the injury is grievous in nature.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 the learned court concerned, East Champaran at Motihari, in connection with Muffasil P.S. Case No. 692 of 2021, subject to conditions as

Patna High Court CR. MISC. No.52587 of 2022(2) dt.16-01-2023 3/3 laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T