Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56368 of 2022 Arising Out of PS. Case No.-189 Year-2021 Thana- SALIMPUR District- Patna ====================================================== 1.

DILIP RAI Son of Late Shuvir Rai Resident of Village - Kala Diyara, P.S.- Salimpur, District - Patna.

2.

Sakal Rai Son of Late Shuvir Rai Resident of Village - Kala Diyara, P.S.- Salimpur, District - Patna.

3.

Malik Rai Son of Nawalak Rai Resident of Village - Kala Diyara, P.S.- Salimpur, District - Patna.

4.

Nawalak Rai Son of Gurucharan Rai Resident of Village - Kala Diyara, P.S.- Salimpur, District - Patna.

5.

Sanjeev Kumar Son of Amir Rai Resident of Village - Kala Diyara, P.S.- Salimpur, District - Patna.

6.

Parmanand Rai Son of Late Ramchandra Rai Resident of Village - Kala Diyara, P.S.- Salimpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

Learned counsel for the petitioners is directed to correct the para-6 of the bail application in course of day. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 379, 354, 447, 504 of the Indian Penal Code and 27 of Arms Act.

The allegation against the petitioners is that they

Patna High Court CR. MISC. No.56368 of 2022(2) dt.02-01-2023 2/3 alongwith other FIR named accused persons assaulted the informant by means of iron rod.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that similarly situated co-accused persons have been granted bail by a coordinate bench of this Court vide order dated 15.11.2022 passed in Cr. Misc. No.33127 of 2022. Petitioner nos.1, 3, 4 and 6 have two criminal antecedent and petitioner nos.2 and 5 have one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.56368 of 2022(2) dt.02-01-2023 3/3 connection with Salimpur P.S. Case No.189 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T