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Patna High CourtCR. MISC./70452/2021bail granted

Sahdeo Rai v. The State Of Bihar

2022-05-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70452 of 2021 Arising Out of PS. Case No.-264 Year-2021 Thana- AMARPUR District- Banka ====================================================== 1.

SAHDEO RAI Son of Late Jagdish Rai Resident of Village- Baliya Gadal, P.S.- Amarpur, District- Banka.

2.

Jyotish Rai @ Jeotosh Rai Son of Nakul Rai Resident of Village- Baliya Gadal, P.S.- Amarpur, District- Banka.

3.

Satish Rai @ Chhatish Rai Son of Nakul Rai Resident of Village- Baliya Gadal, P.S.- Amarpur, District- Banka.

4.

Nakul Rai Son of Late Jagdish Rai Resident of Village- Baliya Gadal, P.S.- Amarpur, District- Banka.

5.

Shiv Narayan Rai @ Shiv Rai Son of Late Jagdish Rai Resident of VillageBaliya Gadal, P.S.- Amarpur, District- Banka. 6.

Veena @ Meena Devi Wife of Dilip Rai Resident of Baliya Gadal, P.S.- Amarpur, District- Banka.

7.

Chanda @ Chandrama Devi wife of Sahdeo Rai Resident of Baliya Gadal, P.S.- Amarpur, District- Banka.

8.

Sunita Devi Wife of Sudhir Rai Resident of Baliya Gadal, P.S.- Amarpur, District- Banka.

9.

Murli Devi @ Mugli Devi Wife of Ramesh Rai Resident of Baliya Gadal, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.70452 of 2021(2) dt.05-05-2022 2/3 Learned counsel for the petitioners submits that the petitioners are in custody since 02.08.2021, charge-sheet has been submitted in the case and have antecedent of one case each.

Learned counsel for the petitioners submits that the informant alleges that the petitioners along with 20-25 unknown accused assaulted the informant and his family members with lathi-danda, bow, arrow, sword, bricks etc. on account of land dispute.

Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that no specific allegation of assault is alleged against any of the accused and the assault took place in presence of the Circle Officer and Officer-in-Charge of the police station. It is further submitted that the informant based on a general and omnibus allegation has falsely implicated the accused persons. Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 02.08.2021, charge-sheet has been submitted in the case and in the nature of allegations as alleged, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.70452 of 2021(2) dt.05-05-2022 3/3 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Amarpur P.S. Case No. 264 of 2021.

(Satyavrat Verma, J) Rishi/- U T