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Patna High CourtCR. MISC./57864/2019bail granted

Lal Bihari Rai v. The State Of Bihar

2019-09-16Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57864 of 2019 Arising Out of PS. Case No.-484 Year-2019 Thana- BIHTA District- Patna ====================================================== LAL BIHARI RAI Son of Sitaram Rai Resident of Village-Goriya Dera P.SBihta, District-Patna. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Praveen Kumar, Advocate.

For the State :

Mr. A.M.P. Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No.484 of 2019 registered under Sections 447, 341, 323, 324, 307 and 379/34 of the Indian Penal Code. The accusation is that in the midnight of 18.05.2019, when the informant was sleeping at his veranda, at that time, attack on his life was made and then he saw that this petitioner along with Ramjee Rai and Ishu Kumar having having iron rod, Garasa and sickle in their respective hand with an intention to kill were assaulting him, due to which he sustained cut injury on his nose and eye through rod. The informant also sustained injury on different parts of his body through Garasa and sickle. At that time, Ramji Rai snatched the gold chain of the informant.

Patna High Court CR. MISC. No.57864 of 2019(2) dt.16-09-2019 2/2 Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and others to cause injury to the informant. Further submission is that the similarly situated co-accused Ramjee Rai and Ishu Kumar have already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 04.09.2019 passed in Criminal Misc. No.56038 of 2019. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. Case No.484 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T