Ramesh Rai @ Dhrup Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56546 of 2018 Arising Out of PS. Case No.-226 Year-2018 Thana- MASHRAK District- Saran ====================================================== RAMESH RAI @ DHRUP RAI, Son of Late Ram Lochan Rai, Resident of Village- Bangra Takth Tola, P.S.- Mashrak, District- Saran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjana, Advocate.

For the Opposite Party :

Smt Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 354, 307 and 504/34 of the IPC.

The prosecution story, in brief, is that on 03.07.2018 around 6.30 P.M. when the informant was sitting at his door, the petitioner alongwith others came hurling abuses and on protest, co-accused Satyendra Rai ordered to kill upon which petitioner Ramesh Rai alias Dhrup Rai caused injury with Farsa on his head. When he fell down, co-accused Satyendra Rai started assaulting him with Lathi. When his wife Brinju Devi came for rescue, co-accused Satyendra Rai and petitioner Ramesh Rai alias Dhrup Rai used to demand extortion money from the informant and due to which the accused committed the said

Patna High Court Cr.Misc. No.56546 of 2018(3) dt.26-11-2018 2/2 incident.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VIth, Saran at Chapra in connection with Mashrak P.S. Case No. 226 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U