Devendra Rai @ Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68953 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Devendra Rai @ Devendra Kumar Son of Late Dharmnath Rai Resident of Vilalge- Brahmpur, Jalalpur, P.S.- Rivilganj, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mili Kumari For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Muffasil (Chapra Muffasil) P.S. Case no. 276 of 2023 instituted for the offence under Sections 341, 323, 325, 307, 379, 354, 427, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he snatched the golden chain from the neck of the informant. It is further alleged that co-accused and some unknown miscreants assaulted the informant due to which he sustained injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.68953 of 2024(2) dt.18-10-2024 2/2 case. There is no specific overt act of assaulting against the petitioner rather co-accused and other assaulted the informant. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. The main assailant of this case has already been granted anticipatory bail by the learned trial Court itself.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Muffasil (Chapra Muffasil) P.S. Case no. 276 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran, Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) shubham/- U T