Lutan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62081 of 2024 Arising Out of PS. Case No.-188 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Lutan Rai Son of Late Kokal Rai Village- Raghunathpur, P.s.- Sahebpur Kamal, District- Begusarai 2.

Daho Rai Son of Late Genu Rai Village- Raghunathpur, P.s.- Sahebpur Kamal, District- Begusarai 3.

Adalat Rai Son of Late Kailash Rai Village- Raghunathpur, P.s.- Sahebpur Kamal, District- Begusarai 4.

Bado Rai Son of Late Genu Rai Village- Raghunathpur, P.s.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 386, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on 09.07.2022 at 8:30 PM, when informant was at his house, all the F.I.R. named accused persons, including these petitioners, armed with weapons, came there and started abusing and threatening informant to withdraw the case and also assaulted him by means of rifle and pistol. It is further alleged that the accused persons also demanded extortion

Patna High Court CR. MISC. No.62081 of 2024(2) dt.30-09-2024 2/2 of Rs. 20 lacs to compromise the case.

4. Learned counsel for the petitioners submits that both parties are agnates and due to land dispute these petitioners have falsely been implicated in this case. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. Rest of the allegations are ornamental, to make the case grave.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P. S. Case No. 188 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T