Raushan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63680 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Raushan Rai Son Of Sikandar Rai Resident Of Ram Nagar, Ward No. 5, P.SMuffasil (Lakho) Dist- Begusarai, Bihar 2.
Vikash Rai Son Of Sikandar Rai Resident Of Ram Nagar, Ward No. 5, P.SMuffasil (Lakho) Dist- Begusarai, Bihar 3.
Rikesh Rai @ Rikesh Kumar Rai Son Of Sikandar Rai Resident Of Ram Nagar, Ward No. 5, P.S- Muffasil (Lakho) Dist- Begusarai, Bihar 4.
Sanjiv Kumar @ Shiv Kumar Rai @ Sanjiv Kumar Rai Son Of Ram Rai Resident Of Ram Nagar, Ward No. 5, P.S- Muffasil (Lakho) Dist- Begusarai, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 354(B) and 504/34 of the Indian Penal Code. Allegation against the petitioners is that they have abused and assaulted the informant with lathi-danda and butt of pistol. It is further alleged that they have snatched Rs. 750/- from the pocket of the informant and golden chain from her wife. Learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the
Patna High Court CR. MISC. No.63680 of 2022(2) dt.27-02-2023 2/2 petitioners is not specific rather general and omnibus in nature. He submits that the petitioners and the informant are agnates and there is title suit pending between the parties by Title Suit no. 06/2022 in the Court of learned Munsif-1st, Begusarai. Petitioners no. 1, 2 and 4 have got no criminal antecedent and petitioner no. 3 has got one criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case and the fact that no person was injured in the present case and no incriminating article has been recovered by the police from the conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Muffasil (Lakho) P.S. Case No.249 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T