Lalbabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10283 of 2021 Arising Out of PS. Case No.-120 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

LALBABU RAI Son of Late Hardeo Rai Resident of of Village-Mathiya Bariyarpur, P.S.- Piprakothi, District- East Champaran. 2.

Ajay Rai @ Ajay Kumar Yadav Son of Late Hardeo Rai Resident of of Village-Mathiya Bariyarpur, P.S.- Piprakothi, District- East Champaran. 3.

Nagendra Rai Son of Mohan Rai Resident of of Village- Mathiya Bariyarpur, P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Piprakothi P.S. case No.120 of 2019 registered for the offences punishable under Sections 341, 323, 325, 307, 379, 380, 354, 504 & 506/34 of the Indian Penal Code pending in the Court of

Patna High Court CR. MISC. No.10283 of 2021(2) dt.13-12-2021 2/3 learned C.J.M., Motihari.

While the petitioners in association of other named accused were unloading wine from pick-up van and when the informant protested, all the accused persons attacked on him causing hand injury to him. When his daughter rushed in his rescue, they also assaulted her causing head injury to her. They also snatched her golden chain and looted his house hold articles.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. There is case and counter case between the parties. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the petitioners are

Patna High Court CR. MISC. No.10283 of 2021(2) dt.13-12-2021 3/3 directed to surrender before the learned Court below within four weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J.) Trivedi/- U T