Amod Kumar Rai @ Modi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68707 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.

AMOD KUMAR RAI @ MODI RAI S/O RAMBABU RAI Resident of village- Mail, P.S.- Bidupur, District- Vaishali. 2.

SATRUDHAN RAI S/O BASUDEO RAI Resident of village- Mail, P.S.- Bidupur, District- Vaishali.

3.

MOGAL RAI @ YOGESH RAI S/O KHALDHARI RAM Resident of village- Mail, P.S.- Bidupur, District- Vaishali. 4.

RANJAY RAI S/O HARBANSH RAI @ HARIVANSH RAY Resident of village- Mail, P.S.- Bidupur, District- Vaishali. 5.

AMARJEET RAI S/O RAVINDRA RAI Resident of village- Mail, P.S.- Bidupur, District- Vaishali.

6.

PANCHAM KUMAR S/O HARBANSH RAI @ HARIVANSH RAY Resident of village- Mail, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Satyendra Prasad :

Mr. Naveen Sharma :

Mr. Ranjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 147, 148, 341, 323, 307, 379, 354, 504 and 506 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons are said to have entered into the house of the informant and him and his family members and took away attache box containing cash of Rs.30,000/- and ornaments. A motorcycle was also taken away by

Patna High Court CR. MISC. No.68707 of 2022(4) dt.19-06-2023 2/2 accused Abhi Kumar from his door.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He further submits that one of the injury was found grievous in nature but there is general and omnibus allegation against the petitioner. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State along with learned counsel for the informant opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bidupur P.S. Case No.26/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.