Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5576 of 2023 Arising Out of PS. Case No.-659 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.

Umesh Rai S/O Asharphai Rai Resident Of Village- Englishpur Sirisiya On The Bank Ganga Bhagar, P.S.- Barhara, District- Bhojpur. 2.

Baul Rai S/O Zimi Rai Resident Of Village- Englishpur Sirisiya On The Bank Ganga Bhagar, P.S.- Barhara, District- Bhojpur. 3.

Dhanjee Rai S/O Tahalu Rai Resident Of Village- Englishpur Sirisiya On The Bank Ganga Bhagar, P.S.- Barhara, District- Bhojpur. 4.

Jai Prakash Rai @ Bahoran Rai S/O Nanhak Rai Resident Of VillageEnglishpur Sirisiya On The Bank Ganga Bhagar, P.S.- Barhara, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are said to have involved in illegal business of sand.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that free fighting has been made in

Patna High Court CR. MISC. No.5576 of 2023(2) dt.10-04-2023 2/2 between both the parties and firing was also made as per FIR but no one injured by firearms. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barhara P.S. Case No. 659 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T