Baliram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3101 of 2023 Arising Out of PS. Case No.-129 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== Baliram Rai S/O Late Anup Rai Resident of Village- Banauli, P.S.- Hathauri, District- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Prakash Shrarma, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Hathauri P.S. Case No. 129 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code. He has got no criminal antecedent.
As per the prosecution story, on 13.06.2020 when the informant along with his son going to school for his work, on the way, all the FIR named accused persons including this petitioner surrounded the informant and his son, started abusing them and also assaulted them and snatched Rs.12,000/- from pocket of the informant. It is alleged that Sambhu Rai assaulted on the head of the informant and Baliram Rai assaulted on the head of his son as a result of which his son sustained grievous
Patna High Court CR. MISC. No.3101 of 2023(2) dt.15-05-2023 2/3 head injury. When the other sons of the informant came to rescue them, accused persons assaulted them also. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the present case is a counter blast of the earlier case lodged by Sambhu Rai. It is further submitted that co-accused Sambhu Rai has already been granted privilege of anticipatory bail in Cr. Misc. No. 43240 of 2022. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the present case is a counter blast of the earlier case lodged by Sambhu Rai, the co-accused of Hathauri P.S. Case No. 122 of 2020, the co-accused Sambhu Rai has already been granted privilege of anticipatory bail in Cr. Misc. No. 43240 of 2022, the FIR in this case has been lodged after lapse of 7 days of the alleged occurrence without there being any explanation and that the petitioner has no criminal antecedent, this Court directs release of the petitioner above named on bail in the event of his arrest or surrender within a period of four weeks from today in connection with Hathauri P.S. Case 129 of
Patna High Court CR. MISC. No.3101 of 2023(2) dt.15-05-2023 3/3 2020 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, learned J.M. Ist Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T