Babulal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71705 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- PHENHARA District- East Champaran ====================================================== 1.

Babulal Rai, aged about 85 years.

2.

Ramlal Rai, aged about 47 years 3.

Shambhu Rai, aged about 49 years All three sons of late Kawaldhari Rai.

4.

Vikash Kumar, aged about 28 years, son of Babulal Rai. 5.

Manish Kumar @ Manish Rai, aged about 18 years, son of Babulal Rai. 6.

Jitendra Rai @ Jitendra Yadav, aged about 35 years, son of Mahendra Yadav. 7.

Dheeraj Kumar, aged about 21 years, son of Sivnath Rai. 8.

Ravish Rai @ Ravish Kumar, aged about 21 years, son of Ramlal Rai. 9.

Ganesh Rai @ Ganesh Kumar, aged about 27 years, son of Sholi Rai. All are Resident of Village - Gaibandhi, P.S.- Phenhara, Distt.- East Champaran ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-01-2025 Heard the learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek anticipatory bail in connection with Phenhara P.S. Case No.64 of 2024 registered for the offence under Sections 147, 148, 149, 447, 504, 506, 324, 307 & 379 of the Indian Penal Code.

3.

The petitioners are said to have abused and assaulted the victims. The injuries seem to be simple in nature.

Patna High Court CR. MISC. No.71705 of 2024(3) dt.03-01-2025 2/3 4.

Learned counsel for the petitioners seeks permission to withdraw this bail application on behalf of petitioner nos. 3 and 6 as there is specific allegation of assault against them.

5.

In view of the aforesaid, this bail application is dismissed as withdrawn as against the above-named petitioner nos.3 and 6.

6.

If the petitioner nos.3 and 6 surrender and pray for regular bail, the Court below shall consider the same in accordance with law without being influenced by the order of this Court. While considering the bail application of the petitioner nos. 3 and 6, the Court below shall consider the fact that the injuries sustained by the victim are simple in nature. 7.

So far as the prayer of bail of petitioner nos. 1,2,4,5,7 to 9 is concerned, their bail application is allowed as there is general and omnibus allegation against them and they have have clean antecedent.

8.

Let the petitioner nos.1, 2, 4, 5, 7 to 9 above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.71705 of 2024(3) dt.03-01-2025 3/3 Magistrate, 1st Class, Motihari, in connection with Phenhara P.S. Case No.64 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T