Manoj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66316 of 2021 Arising Out of PS. Case No.-435 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== MANOJ RAI Son of Deonandan Rai Resident of Village - Baithaniya, P.S.- Majhaulia, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67107 of 2021 Arising Out of PS. Case No.-435 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== ASHOK SAH S/o Late Dularchand Sah Resident of Village- Baithaniya, P.S.- Majhaulia, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 66316 of 2021) For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Brajendra Nath Pandey (In CRIMINAL MISCELLANEOUS No. 67107 of 2021) For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioners are directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.66316 of 2021(2) dt.01-06-2022 2/3 with Majhaulia P.S. Case No. 435 of 2021, for the offences under Sections 147/148/149/323/324/427/353/332/307/342/504 of the Indian Penal Code.
As per allegation, one Ramjeet Yadav, who was an accused of Majhaulia P.S. Case No. 434 of 2021, was apprehended by the police and after his treatment, when the police was returning from the hospital was met by the accused persons who attacked the police party to rescue the Ramjeet Yadav. They ransacked the police vehicle by pelting stones and co-accused Ramjeet Yadav became successful in fleeing away. The petitioners are amongst the named persons. Learned counsel for the petitioners have submitted that none of the police personnel has sustained any kind of injury. As per paragraph no. 3 of the bail petition, being Cr. Misc. No. 66316 of 2021, the petitioner Manoj Rai has one criminal antecedent of Bettiah P.S. Case No. 532 of 2017, but it was not for the similar offence.
Considering the above mentioned facts and circumstances, the petitioner of Cr. Misc. No. 66316/2021, in the event of his arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.66316 of 2021(2) dt.01-06-2022 3/3 amount each to the satisfaction of C.J.M., Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 435 of 2021, subject to condition as laid down under Section 438(2) Cr.P.C. Cr. Misc. No. 67107/2021 From perusal of the paragraph no. 3 of the bail petition of Ashok Sah, it appears that three cases are against him including the case under Bihar Prohibition and Excise Act. Considering the above mentioned facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner in Cr. Misc. 67107/2021. Accordingly, his prayer for anticipatory bail is rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Ranjeet/- U T