Sachidanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56055 of 2023 Arising Out of PS. Case No.-187 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

SACHIDANAND RAI son of Kishori Ray Village- Dhurlakh Ps- Waris Nagar Dist- Samastipur 2.

Shekhar Rai @ Chandra Shekhar Rai son of Kishori Ray Village- Dhurlakh Ps- Waris Nagar Dist- Samastipur 3.

Ashutosh Kumar son of Shekhar Ray Village- Dhurlakh Ps- Waris Nagar Dist- Samastipur 4.

Arti Kumari D/o- Shekhar Ray Village- Dhurlakh Ps- Waris Nagar DistSamastipur 5.

Rina Rai @ Rina Ray wife of Shekhar Ray Village- Dhurlakh Ps- Waris Nagar Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 307, 354, 379, 504, 506 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons including the petitioners brutally assaulted the informant's side with deadly weapons due to which they sustained injuries.

Patna High Court CR. MISC. No.56055 of 2023(5) dt.09-11-2023 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. There is case and counter between the parties. Both sides have filed cases against each other. Though there is allegation against the petitioners that they assaulted the informant's side brutally with deadly weapons, but as per the injury report, all the injuries caused by the petitioners to the injured persons are found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as the injuries sustained by the injured are simple in nature, 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

Patna High Court CR. MISC. No.56055 of 2023(5) dt.09-11-2023 3/3 the learned lower Court where the case is pending/successor Court in connection with Warisnagar P.S. Case No. 187 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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