Bhole Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79023 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

BHOLE RAI SON OF DHUVPATI RAI RESIDENT OF VILLAGE - BADHAUNA, P.S. - CHAINPUR, DISTRICT - KAIMUR AT BHABHUA 2.

ASHOK RAI SON OF DHUVPATI RAI RESIDENT OF VILLAGE - BADHAUNA, P.S. - CHAINPUR, DISTRICT - KAIMUR AT BHABHUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504, 34 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant's side brutally with deadly weapons.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are agnates. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this

Patna High Court CR. MISC. No.79023 of 2023(2) dt.13-12-2023 2/2 case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injuries sustained by the injured are simple in nature, as mentioned in para 12 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the injury i.e. simple, the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Chainpur P.S. Case No. 303 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T