Vinay Rai @ Vinay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81244 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Vinay Rai @ Vinay Kumar Yadav, aged about 48 years (M), Son of Late Vidya Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran.

2.

Satyendra Rai @ Satyendra Yadav @ Satendra Rai, aged about 60 years, (M), Son of Late Dharichan Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran.

3.

Pappu Rai, aged about 35 years (M), Son of Daroga Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran. 4.

Bikram Rai @ Bikram Kumar Yadav, aged about 36 years (M), Son of Late Ram Bilash Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran.

5.

Suresh Rai @ Suresh Yadav, aged about 70 years (M), Son of Late Ramparichhan Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran.

6.

Daroga Rai, aged about 78 years (M), Son of Late Sarikhan Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran. 7.

Abhay Rai @ Abhay Yadav, aged about 60 years (M), Son of Dharichhan Rai, Resident of Village - Delho, P.S.- Madhuban, Distt - East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Ramchandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that on 08.09.2019

Patna High Court CR. MISC. No.81244 of 2019(2) dt.18-12-2019 2/3 at 7.30 A.M., the informant was walking on the road at the front of house of Yogi Singh, in the meantime, all the petitioners came armed with rifle, gun and revolver with Scorpio vehicle and assaulted the informant who brutally injured and taken away the informant with Bolero vehicle. On hearing of hullah, the uncle of the informant run behind the vehicle. The informant became unconscious and when in conscious, found in Sadar Hospital, Motihari.

It has been submitted by learned counsel for the petitioners that the petitioner nos. 2, 5, 6 and 7 have got no criminal. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.81244 of 2019(2) dt.18-12-2019 3/3 bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th A.C.J.M. Motihari, East Champaran, in connection with Madhuban P.S. Case No. 205 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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