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Patna High CourtCR. MISC./10521/2021bail granted

Shivshankar Rai v. The State Of Bihar

2021-12-14Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10521 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- DURAULI District- Siwan ====================================================== 1.

SHIVSHANKAR RAI son of Ramesh Rai resident of village- Kewatalia, P.S- Darauli, Distt- Siwan 2.

SHUBHAM RAI son of Ramesh Rai resident of village- Kewatalia, P.SDarauli, Distt- Siwan 3.

RAMESH RAI Son of Late Ramratan Rai resident of village- kewatalia, P.SDarauli, Distt- Siwan 4.

RAVI RANJAN RAI son of Ramniwas Rai resident of villageKEWATALIA, P.S- Darauli, Distt- Siwan 5.

SASHIRANJAN RAI Son of Ramniwas Rai resident of villageKEWATALIA P.S- Darauli, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Prashant Kumar, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Darauli P.S. Case No.162 of 2020 registered for offences under Sections 341, 323, 325, 337, 338, 307, 379, 504 and 506/34 of the Indian Penal Code.

In view of the nature of injury which is said to have been caused by petitioner no.1, namely, Shivshankar Rai, learned counsel for the petitioners prays for withdrawal of his

Patna High Court CR. MISC. No.10521 of 2021(3) dt.14-12-2021 2/3 application.

Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.1, namely, petitioner no.1, namely, Shivshankar Rai.

In case petitioner no.1 surrenders and prays for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioner without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court.

So far as petitioner nos.2, 3, 4 and 5, namely, Shubham Rai, Ramesh Rai, Ravi Ranjan Rai and Shashiranjan Rai are concerned, in view of the fact that there is no specific allegation of assault against them, the application for anticipatory bail is allowed.

Accordingly, let petitioner nos. 2, 3, 4 and 5, namely, Shubham Rai, Ramesh Rai, Ravi Ranjan Rai and Shashiranjan Rai, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1, Siwan in connection with Darauli P.S. Case

Patna High Court CR. MISC. No.10521 of 2021(3) dt.14-12-2021 3/3 No.162 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T