Trigun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79180 of 2024 Arising Out of PS. Case No.-484 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.
Trigun Rai S/o- Sri Kedar Rai Resident of Village- Sargati PS- Garkha, DistSaran 2.
Kedar Rai S/o- Late Sukhdeo Rai Resident of Village- Sargati PS- Garkha, Dist- Saran 3.
Sukun Devi S/o- Sri Kedar Rai Resident of Village- Sargati PS- Garkha, Dist- Saran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioners and Ms. Renu Kumari, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with A.B.P. No. 3282/2024 arising out of Garkha P.S Case No. 484 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(1), 109, 91, 3(5) of the Indian Penal Code.
3. The case of the prosecution is that the petitioner Trigun Rai went to the roof of the informant's house and snatched chain of the informant's son and when objected, assaulted with knife to Nitish Kumar, he son of the informant who received cut injuries. On alarm being raised, the informant went there, he was
Patna High Court CR. MISC. No.79180 of 2024(2) dt.02-12-2024 2/3 also been assaulted by Trigun Rai. Kedar Rai and Sukan Devi arrived having alarmed with iron rod and danda and thereafter they assaulted the family members of the informant.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case. During course of argument, learned counsel for the petitioners submitted that the injury of Vikas Kumar, Bhrigunath Rai is simple in nature whereas opinion regarding Nitish Kumar is reserved. From perusal of injury report of Nitish Kumar, it is clear that he has received injury with hard and blunt object whereas allegation is that the petitioner Trigun Rai has given a knife blow. It has also been submitted that parties are neighbours and they have entered into compromise. A statement has been made in para-3 of this petition that the petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in
Patna High Court CR. MISC. No.79180 of 2024(2) dt.02-12-2024 3/3 connection with A.B.P. No. 3282/2024 arising out of Garkha P.S Case No. 484 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-4, Chapra, Saran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Suruchi/- U T