Deepak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85218 of 2023 Arising Out of PS. Case No.-788 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

Deepak Rai son of Haribansh Rai 2.

Vijai Rai son of Haribansh Rai 3.

Raj Kishore Rai son of Haribansh Rai All Resident of village- Rahar Diyara, P.S.- Sonepur, district- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Mishra, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 452, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel for the petitioners submits that petitioners are own nephew of the informant and they have been falsely implicated in the present case on account of dispute relating to land. It is further submitted that there is specific allegation of firing against Santosh Rai causing injury to the informant. As far as these petitioners are concerned, the allegation against them is general and omnibus in nature and being family members and brother of Santosh Rai as such they have been implicated in the present case with an

Patna High Court CR. MISC. No.85218 of 2023(3) dt.12-02-2024 2/2 allegation that they also fired but missed but assaulted but then there is no injury report on the record.

4. Learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2 opposed the prayer for anticipatory bail of the petitioners but are not in a position to rebut the submissions of the learned counsel for the petitioners that the allegation against the petitioners is general and omnibus in nature.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten 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 Sonepur P.S. Case No. 788 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T