Sudhir Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69095 of 2023 Arising Out of PS. Case No.-297 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.
Sudhir Rai S/o- RAM NARESH RAI Village- Bagahi Harakpura Ps- Taraiya Dist- Saran at Chapra 2.
Ajay Rai son of Ram Naresh Rai Village- Bagahi Harakpura Ps- Taraiya Dist- Saran at Chapra 3.
Ram Naresh Rai son of Late Chandrika Rai Village- Bagahi Harakpura PsTaraiya Dist- Saran at Chapra 4.
Munna Rai son of Baijnath Rai Village- Bagahi Harakpura Ps- Taraiya DistSaran at Chapra 5.
Ram Das Rai son of Baijnath Rai Village- Bagahi Harakpura Ps- Taraiya Dist- Saran at Chapra 6.
Lallan Rai son of Baijnath Rai Village- Bagahi Harakpura Ps- Taraiya DistSaran at Chapra 7.
Kundan Kumar son of Ram Das Rai Village- Bagahi Harakpura Ps- Taraiya Dist- Saran at Chapra 8.
Deepak Kumar son of Kamaldev Rai Village- Bagahi Harakpura Ps- Taraiya Dist- Saran at Chapra 9.
Pankaj Kumar son of Lalan Rai Village- Bagahi Harakpura Ps- Taraiya DistSaran at Chapra 10.
Bhola @ Bhola Kumar son of Lalan Rai Village- Bagahi Harakpura PsTaraiya Dist- Saran at Chapra 11.
Chandrawati Devi wife of Late Briju Rai Village- Bagahi Harakpura PsTaraiya Dist- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kumari, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023
1. Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in
Patna High Court CR. MISC. No.69095 of 2023(2) dt.01-11-2023 2/3 connection with Taraiya P.S. Case No. 297 of 2019 dated 28.09.2019 registered for the offence(s) punishable under Section(s) 341, 323, 307, 506/34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioners are that altogether 13 persons, including the petitioners, have been named as accused in the FIR but there is no specific allegation against any of the petitioners and the specific allegation is against co-accused namely, Sudama Rai who is not the petitioner here and as per the order impugned, the injured persons detailed in the FIR sustained simple injuries and both the parties are neighbours and against the petitioners there is general and omnibus allegation, though against the petitioners there are criminal antecedents of four cases but they have got bail in all the said cases and admittedly as per the FIR there was tense relation in between both the parties when the alleged occurrence took place.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that against the petitioners there is general and omnibus allegation and as per the order impugned, the injured persons
Patna High Court CR. MISC. No.69095 of 2023(2) dt.01-11-2023 3/3 sustained simple injury, in my opinion, in the said circumstances, the petitioners deserve to the privilege of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Taraiya P.S. Case No. 297 of 2019 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Rajiv/- U T