Rabindra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57648 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.
Rabindra Rai Son Of Late Banka Rai R/V- Village-Sirsa Shidha, P.S.- Baikunthpur, Distt.- Gopalganj 2.
Sunil Rai Son Of Late Banka Rai R/V- Village-Sirsa Shidha, P.S.- Baikunthpur, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Ranjan For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 504, 325, 324, 379, 307 and 34 of the Indian Penal Code.
3. Petitioners along with other accused persons are said to have assaulted the informant and her family members by means of iron rod due to which they received injury. They also broke the lock of her house and took away a box with Rs. 50,000/-.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that occurrence took place on 03.04.2024
Patna High Court CR. MISC. No.57648 of 2024(2) dt.11-09-2024 2/3 but the FIR has been lodged on 17.04.2024 after delay of 14 days without explaining any reasonable cause of delay. He submits that there is no specific allegation against the petitioner no. 1 and he is only member of mob. He submits that the present case is counter blast case of Baikunthpur P.S. Case No. 128 of 2024. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and informant oppose the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioner no. 1, let the above named petitioner no. 1 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Baikunthpur P.S. Case No. 113 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. So far as petitioner no. 2 is concerned, there is specific allegation against him, I am not inclined to enlarge the
Patna High Court CR. MISC. No.57648 of 2024(2) dt.11-09-2024 3/3 petitioner no. 2 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T