Suraj Kumar @ Suraj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53695 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- SAHPUR District- Patna ====================================================== 1.

SURAJ KUMAR @ SURAJ RAI S/o Bhagirath Rai R/o village- Daudpur Bajaja Gali, P.S.- Shahpur, District- Patna 2.

Satyadeo Rai S/o Bhagirath Rai R/o village - Daudpur Bajaja Gali, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 Learned counsel for the petitioner seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 2 Satyadeo Rai.

Permission is accorded.

Accordingly, the prayer for anticipatory bail with respect to petitioner no. 2 Satyadeo Rai is dismissed as withdrawn. Heard learned counsel for the petitioner no. 1 and learned A.P.P. for the State.

The petitioner no. 1 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner no. 1 submits that petitioner no. 1 has antecedent of one case.

The informant alleges that on the orders of Suraj Kumar

Patna High Court CR. MISC. No.53695 of 2022(5) dt.23-06-2023 2/2 accused Satyendra Rai, Munna Kumar and Satyadev Rai assaulted on the head and leg of the informant by rod causing injury. Learned counsel for the petitioner no. 1 submits that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner no. 1 is alleged to be an order giver. It is further submitted that petitioner no. 1 has not assaulted the injured and even injuries found on the injured are simple in nature and there is no allegation of repetition of blow.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner no. 1.

Considering the submissions made by the learned counsel for the petitioner no. 1, the petitioner no. 1 above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shahpur P.S. Case No. 136 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T