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Patna High CourtCR. MISC./73911/2019bail granted

Bhuar Rai @ Umesh Kr. Rai v. The State Of Bihar

2019-12-11Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73911 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== 1.

BHUAR RAI @ UMESH KR. RAI S/o Satyanarayn Rai R/o villagePachrukhiya, P.S.- Koilwar, Distt.- Bhojpur 2.

Raghunath Rai S/o Mathura Rai R/o village- Pachrukhiya, P.S.- Koilwar, Distt.- Bhojpur ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 147/148/149/302 of the Indian Penal Code.

14 named accused persons including the petitioners and 20-25 unknown miscreants intercepted the informant and his family members in course of proceeding to cast vote raising pro extremist slogan and on the exhortation of one Nand Ji Rai, co-accused Baijnath Yadav assaulted on the back side of the

Patna High Court CR. MISC. No.73911 of 2019(2) dt.11-12-2019 2/3 head of brother of the informant by means of butt of rifle who succumbed to injury.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They do not happen to be assailant rather assailant is Baijnath Yadav. They have no criminal antecedent and have been languishing in custody since 22.07.2019. Similarly situated co-accused, namely, Nandjee Rai, Bineshwar Ray @ Bindeshwar Ray, Rahul Rai @ Rahul Kumar Rai andn Dimpal Rai @ Dipak Kumar have been enlarged on bail by different coordinate bench of this court vide orders dated 01.08.2019, 02.08.2019 and 30.08.2019 passed in Cr. Misc. Nos. 48009 of 2019, 46687 of 2019 and 47129 of 2019 respectively. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.73911 of 2019(2) dt.11-12-2019 3/3 Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No.152 of 2019.

(Prakash Chandra Jaiswal, J) Trivedi/- U T