Lal Das Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74181 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- DORIGANJ District- Saran ====================================================== 1.

Lal Das Rai Son of Late Butai Rai Resident of Village- Sinhai, Police Station- Doriganj ,District-Saran at Chapra 2.

Laha Rai @ Lal Babu Rai Son of Late Jita Rai Resident of Village- Sinhai, Police Station- Doriganj ,District-Saran at Chapra 3.

Mukul Rai @ Sukul Rai Son of Late Butai Rai Resident of Village- Sinhai, Police Station- Doriganj ,District-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Adv For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard the parties.

2.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1. 3.

Permission is granted.

4.

Accordingly, this application as against the petitioner no.1 is dismissed as withdrawn.

5.

Now, this application is being heard only with regard to the petitioner nos.2 and 3.

6.

The petitioner nos.2 and 3 apprehends their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354, 379, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.74181 of 2024(2) dt.28-10-2024 2/3 7.

As per the FIR, petitioners assaulted the informant and his son and also snatched ornaments from the informant. 8.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is a money dispute between the parties. It is further submitted that though the injury of the injured is grievous in nature but there is general and omnibus allegation against the petitioners. Petitioners have no criminal antecedent. 9.

Learned APP for the State opposed the prayer for anticipatory bail.

10.

Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioner nos.2 and 3, let the above named petitioner nos.2 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Doriganj P.S. Case No.113 of 2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.74181 of 2024(2) dt.28-10-2024 3/3 Section 438(2) of the Cr.P.C.

11.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T