Sushil Kumar Rai @ Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65011 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

Sushil Kumar Rai @ Sushil Kumar Son of Fuleshwar Rai 2.

Sanjit Kumar Rai @ Sanjit Rai Son of Yugeshwar Rai Both resident of village Dhore Kataiya, Ward No. 3, P.S- Supaul, DistSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Supaul P.S.Case No.84/2022, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 447 & 341 of the Indian Penal Code.

3. Prosecution story, in brief, is that the accused persons named in the FIR including the petitioners assaulted the brother and father of the informant with intention to take their lives. The specific allegation is against co-accused Lallan Rai and Ranjit Rai.

4. The learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.65011 of 2022(2) dt.19-05-2023 2/3 petitioners submits that the petitioners and the informant are agnates. There is case and counter case between the parties due to land dispute. The petitioners and the informant were engaged in quarrel and in their self-defence, the petitioners may have caused injuries to the informant.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made by the parties as well as the fact that the petitioners are named in the FIR, general and omnibus allegation has been levelled against the petitioners. Petitioner no.1 was armed with Farsa and petitioner no.2 with iron rod but no specific allegation of assault has been made against the petitioners.

7. Considering the fact that case and counter case has been lodged and both the parties have suffered injuries, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S.Case No.84/2022, subject to the conditions as laid down under

Patna High Court CR. MISC. No.65011 of 2022(2) dt.19-05-2023 3/3 Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U