Rajeshwar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59273 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- PIPRAKOTHI District- East Champaran ======================================================

1. Rajeshwar Rai, Son of Ganesh Rai,

2. Ganesh Rai, Son of Late Yugul Rai @ Ygal Rai,

3. Ajay Kumar, Son of Rajeshwar Rai,

4. Marachhiya Devi, Wife of Rajeshwar Rai, All residents of Village- Makari Mahuawa, P.S.- Piprakothi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 384, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was sitting at his door, the accused persons in drunken state, variously armed came there and demanded ransom. On protest, the accused persons assaulted the informant and also took Rs. 2,000/- from pocket of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.59273 of 2018(3) dt.27-11-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Both parties are agnates. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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 learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 85 of 2018 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T