Shailesh Kumar Rai @ Shailesh Kr.Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66692 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- DIGHWARA District- Saran ====================================================== 1.
SHAILESH KUMAR RAI @ SHAILESH KR.RAI SON OF BHOLA RAI RESIDENT OF VILLAGE- SAIDPUR TOLA BAGAHI , PS- DIGHWARA, DIST- SARAN AT CHAPRA 2.
SANTOSH RAI SON OF BHOLA RAI RESIDENT OF VILLAGE- SAIDPUR TOLA BAGAHI , PS- DIGHWARA, DIST- SARAN AT CHAPRA 3.
SATENDRA RAI @ SATENDRA KUMAR @ CHHATI LAL SON OF BHOLA RAI RESIDENT OF VILLAGE- SAIDPUR TOLA BAGAHI , PSDIGHWARA, DIST- SARAN AT CHAPRA 4.
CHANDAN RAI @ CHANDAN KUMAR SON OF BHOLA RAI RESIDENT OF VILLAGE- SAIDPUR TOLA BAGAHI , PS- DIGHWARA, DIST- SARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Rajani Kumari For the Opposite Party/s:
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 325, 307, 504, 506 of the Indian Penal Code.
3. The allegation against the petitioners is that the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no of-
Patna High Court CR. MISC. No.66692 of 2023(2) dt.02-11-2023 2/3 fence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner nos.2, 3 and 4, to assault the informant and his family members due to which some of them sustained grievous injuries.
6. Having regard to the facts and circumstances of the case as well as considering that the petitioner nos.2, 3 and 4 are the author of grievous injuries, I am not inclined to enlarge the petitioner nos.2, 3 and 4 on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
7. However, as there is no specific overt act against the petitioner no.1, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Suc-
Patna High Court CR. MISC. No.66692 of 2023(2) dt.02-11-2023 3/3 cessor Court in connection with Dighwara P.S. Case No.221 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T