Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61581 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

ARUN RAI Son of Devki Rai R/O- Mathiyapur, P.S.- Shahpur, DistrictPatna. 2.

Golu Kuamr Son of Arun Rai R/O- Mathiyapur, P.S.- Shahpur, DistrictPatna. 3.

Titi Kumar Son of Arun Rai R/O- Mathiyapur, P.S.- Shahpur, District- Patna. 4.

Ritik Kumar Son of Jitendra Rai @ Jitendra Kumar R/O- Mathiyapur, P.S.- Shahpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shahpur Police Station Case No. 143 of 2019, disclosing offences under Sections 341/323/379/307/504/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other accused persons, assaulted the informant causing him serious injury.

Learned Counsel for the petitioners submits that though the petitioners are named in the First Information

Patna High Court CR. MISC. No.61581 of 2019(2) dt.16-10-2019 2/2 Report, no specific allegation of assault is upon them. He further submits that the specific allegation of assault is against coaccused Jitendra Rai. He further submits that the occurrence took place on a trivial issue during play between the children. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and there is no specific allegation against the petitioners of assault, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Danapur, in connection with Shahpur Police Station Case No. 143 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √