Bihari Rai @ Bihari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61664 of 2024 Arising Out of PS. Case No.-439 Year-2024 Thana- DANAPUR District- Patna ====================================================== 1.
Bihari Rai @ Bihari Kumar Son of Teyagi Rai R/O Vill.- Panchuchak, Tari Godown, Ward no. 19 B, P.S.- Danapur, Dist.- Patna 2.
Ramji Rai @ Ramji Kumar Son of Teyagi Rai R/O Vill.- Panchuchak, Tari Godown, Ward no. 19 B, P.S.- Danapur, Dist.- Patna 3.
Krishna Kumar Son of Teyagi Rai R/O Vill.- Panchuchak, Tari Godown, Ward no. 19 B, P.S.- Danapur, Dist.- Patna 4.
Bikash Kumar Son of Baldeo Rai R/O Vill.- Panchuchak, Tari Godown, Ward no. 19 B, P.S.- Danapur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shilpa Kumari, Adv For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Danapur P.S. Case No. 439 of 2024 lodged on 12.05.2024 for offences punishable under Sections 341/323/379/452/307/506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution story, F.I.R has been lodged against seven named accused persons and 7-8 unknown accused person with an allegation that they have entered the shop of the
Patna High Court CR. MISC. No.61664 of 2024(2) dt.11-09-2024 2/3 informant and looted cash of Rs. 70,000/- from the case box and when informant's nephew protested, they assaulted him on the head due to which he sustained injury.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that petitioners have clean antecedent. He further submits that the allegation upon the petitioners are general and omnibus. He further submits that petitioner no. 3 was in contact with the informant and they used to do business together since last three years and petitioner used to look after the entire business. He further submit that due to petty issue, scuffling took place and snatching of golden chain and cash of Rs. 30,000/- was made. Learned counsel further submits with a view to save skin from Annexure-2, which has been filed at the instance of petitioner no. 3, the present F.I.R. has been lodged.
5. Learned APP for the State opposes the prayer for bail and submits that injury report is on record in which it transpires that informant's nephew had sustained injury.
6. In response thereof, counsel for the petitioners submits that all the injuries are in simple in nature which has been acknowledge in the rejection order of Additional Sessions Judge-3, Danapur.
Patna High Court CR. MISC. No.61664 of 2024(2) dt.11-09-2024 3/3
6. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-I, Danapur subject to the condition as laid down under Section 438(2) Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U