Chottak Rai @ Dilip Kumar Rai @ Dayashankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2762 of 2024 Arising Out of PS. Case No.-271 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== 1.

Chottak Rai @ Dilip Kumar Rai @ Dayashankar Rai Son of Chulan Rai R/o vill - Karbasin, P.S. - Sahar, Distt. - Bhojpur 2.

Sumit Kumar @ Sumit Rai Son of Chottak Rai @ Dilip Kumar Rai @ Dayashankar Rai R/o vill - Karbasin, P.S. - Sahar, Distt. - Bhojpur 3.

Indu Devi W/o Chottak Rai @ Dilip Kumar Rai @ Dayashankar Rai R/o vill - Karbasin, P.S. - Sahar, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending arrest in connection with Sahar P.S. Case No. 271 of 2022, registered on 01.12.2022 for the offences under Sections 341, 323, 447, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners and other co-accused persons abused and assaulted the informant and his family members causing injuries to them.

4. The learned counsel for the petitioners submits

Patna High Court CR. MISC. No.2762 of 2024(2) dt.31-01-2024 2/3 that the petitioners are innocent and have been falsely implicated in this case. The petitioners and informant are neighbours and due to some petty dispute scuffle took place between them and being neighbour, the petitioners did not lodge any case. The injury reports of the victims show simple injuries. The matter has been compromised between the parties. The petitioners are having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injuries of the victims and also considering lack of material against the petitioners showing intention to cause death, let the petitioners above named, in the event of arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of 10,000/- (Rupees Ten Thousand Only) ₹ each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/concerned court in connection with Sahar P.S. Case No. 271 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

Patna High Court CR. MISC. No.2762 of 2024(2) dt.31-01-2024 3/3 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Amrendra/- U T