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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73078 of 2024 Arising Out of PS. Case No.-542 Year-2022 Thana- GOPALPUR District- Patna ====================================================== Sunil Rai @ Sunil Kumar Rai Son of Late Devi Rai Resident of VillageBairiya, PS- Gopalpur, P.S.- Gopalpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanupriya, Advocate Mr. Munna Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 542 of 2022, registered on 2010.2022, for the alleged offence under Sections 341, 323, 325, 384, 504/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner and his coaccused brother abused and assaulted the son of the informant with danda and they threatened him showing pistol. When the informant reached at the spot, he was also assaulted by the petitioner and co-accused and they demanded ransom of Rs. 50,000/-.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.73078 of 2024(2) dt.04-10-2024 2/3 case due to enmity and village politics and in order to harass the petitioner. Informant and the petitioner are residents of the same village and it is not believable that petitioner demanded ransom amount of Rs. 50,000/-. All the sections are bailable except section 384 of the IPC which is not applicable in this case. Learned counsel further submits that the petitioner is having criminal antecedent of one case and he is on bail in that case.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the non-serious nature of allegation against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Patna/court concerned in connection with Gopalpur P.S. Case No. 542 of 2022, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.73078 of 2024(2) dt.04-10-2024 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T