Bigan Singh @ Bigan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54464 of 2022 Arising Out of PS. Case No.-346 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

BIGAN SINGH @ BIGAN RAI SON OF DWARIKA RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna 2.

PINTU RAY @ PINTU RAI SON OF GIGAL RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna 3.

MANISH RAI @ MANISH KUMAR SON OF SARBI RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna 4.

SANJAY RAI @ SANJAY KUMAR SON OF KARU RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna 5.

BABAN KUMAR @ BABAN RAI SON OF BIGAN RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna 6.

RAMESH RAI SON OF MAHESH RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna 7.

NAGENDRA KUMAR @ KAILU RAI @ NAGENDRA RAI SON OF BIPAT RAI Resident of Bali Nijbulla Chak, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 338 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that they along

Patna High Court CR. MISC. No.54464 of 2022(2) dt.15-12-2022 2/3 with other co-accused persons are said to have assaulted the informant & his family members and also snatched gold earring and mobile from the wife of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no specific overt act against the petitioners. He submits that though the injuries found upon the victim are grievous in nature but it is not clear who have assaulted the informant due to which he caused injuries. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds 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 connection with Gaurichak P.S.

Patna High Court CR. MISC. No.54464 of 2022(2) dt.15-12-2022 3/3 No. 346/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T