Subodh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86484 of 2023 Arising Out of PS. Case No.-360 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Subodh Rai S/O Late Loti Rai R/O VILLAGE- AAMDIPUR, P.S.- PATORI, DIST.- SAMASTIPUR 2.

SANTOSH RAI SON OF LATE LOTI RAI R/O VILLAGE- AAMDIPUR, P.S.- PATORI, DIST.- SAMASTIPUR 3.

ASHOK RAI @ TELIA SON OF AWDESH RAI R/O VILLAGEAAMDIPUR, P.S.- PATORI, DIST.- SAMASTIPUR 4.

KUNDAN RAI SON OF AWDESH RAI R/O VILLAGE- AAMDIPUR, P.S.- PATORI, DIST.- SAMASTIPUR 5.

ANARJEET RAI @ NANO RAI SON OF UPENDRA RAI R/O VILLAGEAAMDIPUR, P.S.- PATORI, DIST.- SAMASTIPUR 6.

RAJ KARAN RAI SON OF LATE LOTI RAI R/O VILLAGEAAMDIPUR, P.S.- PATORI, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 325, 354, 379, 307, 504, 34 of the Indian Penal Code.

3. Allegedly, the petitioners went to the house of the informant, petitioner no.1 abused him and resorted to kill her and thereafter, the petitioner no.2 inflicted iron rod on the head

Patna High Court CR. MISC. No.86484 of 2023(2) dt.05-02-2024 2/3 of the informant. All the petitioners brutally assaulted her with fists and slaps. When the informant's family members came to rescue her, the petitioners assaulted them due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained grievous injuries. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as both sides have sustained grievous injuries, let 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

Patna High Court CR. MISC. No.86484 of 2023(2) dt.05-02-2024 3/3 court below where the case is pending/Successor Court in connection with Patori P.S. Case No.360 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T