Rajesh Rai @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67644 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== 1.

RAJESH RAI @ RAJESH YADAV S/o Muneshwar Rai @ Muneshwar Yadav Resident of Village- Hamodih, P.S.- Birpur, District- Begusarai. 2.

Muneshwar Rai @ Muneshwar Yadav S/o Saryug Rai Resident of VillageHamodih, P.S.- Birpur, District- Begusarai. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP For the Informant :

Mr. Sunil Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

Learned counsel for the petitioners seeks permission of the Court to withdraw the present application in respect of petitioner no. 2 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 2.

The petitioner no. 1 is apprehending his arrest in a

Patna High Court CR. MISC. No.67644 of 2021(2) dt.11-05-2022 2/3 case registered under Sections 147, 148, 341, 323, 307, 324, 379, 504 and 506 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner no. 1 that there is no allegation of tampering of witnesses alleged against him. The petitioner no. 1 has falsely been implicated in the present case. As per F.I.R., there is no allegation of assault alleged against petitioner no. 1. Vide Annexure-2 to the present application, a case has been lodged by the petitioners' side also against the accused side.

On behalf of the State and the informant, it is submitted that the petitioner no. 1 is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner no. 1, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 6th, Begusarai in connection with Birpur P.S. Case No. 155/2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.67644 of 2021(2) dt.11-05-2022 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T