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Patna High CourtCR. MISC./2565/2023disposed

Rajeshwar Rai v. The State Of Bihar

2023-06-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2565 of 2023 Arising Out of PS. Case No.-73 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== 1.

RAJESHWAR RAI S/O Late Anandu Rai R/O Village- Mohajama, P.SJandaha, District- Vaishali 2.

Dayanand Rai S/O Late Anandu Rai R/O Village- Mohajama, P.S- Jandaha, District- Vaishali 3.

Rakesh Kumar S/O Rajeshwar Rai R/O Village- Mohajama, P.S- Jandaha, District- Vaishali 4.

Munna Kumar @ Mannu Abhimanu Kumar @ Abhimanu Kumar S/O Rajeshwar Rai R/O Village- Mohajama, P.S- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate :

Mr. Pranav Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners seeks permission to withdraw the bail application with respect to petitioner no. 2. Prayer is allowed.

The present bail application is dismissed as withdrawn with respect to petitioner no. 2.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 323, 504, 506, 307 of the Indian Penal Code.

Patna High Court CR. MISC. No.2565 of 2023(2) dt.19-06-2023 2/3 As per the FIR, while there was 'Shradh' in the family of the informant in the neighbour, there was also a marriage ceremony where speaker was on a loud volume. It was objected by the family where the 'Shradh' was to take place. In the altercation, it is said that accused persons assaulted a number of informant's family. It is further alleged that all the accused persons including these petitioners assaulted family members of informant as a result of which four persons sustained injury. It is submitted on behalf of the petitioner that due to petty dispute between the parties the altercation took place in which both sides sustained injuries. Case and counter case. Similarly situated co-accused person, namely, Rajesh Kumar has been granted bail by Hon'ble Patna High Court vide order dated 10.08.2022 passed in Cr. Misc. No. 25367 of 2022. Petitioner claims clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 C.J.M., Vaishali at Hajipur in connection with Jandaha P.S. Case No. 73 of 2022, subject to the conditions laid

Patna High Court CR. MISC. No.2565 of 2023(2) dt.19-06-2023 3/3 down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T