Kishore Rai @ Kishori Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76739 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

Kishore Rai @ Kishori Rai Son Of Late Kapil Rai R/O Village- Chhittar Chak, P.S.- Sonepur, Dist.- Saran 2.

Mohan Rai Son Of Late Kapil Rai R/O Village- Chhittar Chak, P.S.- Sonepur, Dist.- Saran 3.

Parma Rai Son Of Late Kapil Rai R/O Village- Chhittar Chak, P.S.- Sonepur, Dist.- Saran 4.

Pun Pun Rai Son Of Late Kapil Rai R/O Village- Chhittar Chak, P.S.- Sonepur, Dist.- Saran 5.

Vikash Kumar Sonof Kishore Rai @ Kishori Rai R/O Village- Chhittar Chak, P.S.- Sonepur, Dist.- Saran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Advocate For the Informant :

Mr. Praveen Ranjan, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 Learned counsel for the petitioners are permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Sonepur P.S. Case No. 466 of 2023 dated 04.06.2023 registered for the offence/s punishable u/ss 341, 323, 307, 324, 379, 504, 506 and 34 of the Indian Penal

Patna High Court CR. MISC. No.76739 of 2023(2) dt.21-12-2023 2/3 Code.

4. As per the prosecution case, the petitioners and coaccused persons are alleged to have come with variously armed and started abusing the informant and on the extortion of petitioner no. 1 Kishore Rai, the co-accused Upendra Rai started assaulted him indiscriminately with farsa causing injury on his head, back and left hand. Thereafter, the other co-accused persons also assaulted him severely. When both the sons of the informant came to rescue, the co-accused Upendra Rai also assaulted them causing injuries to them and the co-accused Guddu Rai and the petitioner No.5 Vikash Kumar snatched golden chain and bracelet.

5. Learned counsel for the petitioners have submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is stated that both parties are pattidars having land dispute and for that they have quarreled. No specific allegation has been made against these petitioners and only general and omnibus allegation has been made against them. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.

Patna High Court CR. MISC. No.76739 of 2023(2) dt.21-12-2023 3/3

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Sonepur P.S. Case No. 466 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) shweta/- U T