Shatrughan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82004 of 2019 Arising Out of PS. Case No.-345 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

SHATRUGHAN RAI S/o Late Mohan Rai R/o village, Post and P.S.- Minapur, District- Muzaffarpur 2.

Jay Mangal Rai S/o Late Mohan Rai R/o village, Post and P.S.- Minapur, District- Muzaffarpur 3.

Chandan Rai S/o Shatrughan Rai R/o village, Post and P.S.- Minapur, District- Muzaffarpur 4.

Ranjeet Rai S/o Late Shivajee Rai R/o village, Post and P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha, Advocate.

For the Opposite Party/s :

Mr.Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 379/34 of the Indian Penal Code. There is case and counter case between the parties. Specific allegation is against the petitioner Shatrughan Rai to have caused injury on the head of the informant with farsa. Considering the fact that the petitioner Shatrughan Rai had knowledge that his act might cause death, I am not inclined to enlarge the petitioner Shatrughan Rai on

Patna High Court CR. MISC. No.82004 of 2019(2) dt.23-01-2020 2/3 anticipatory bail in connection with Minapur P.S. Case No. 345 of 2019 pending in the court of learned C.J.M., Muzaffarpur. Prayer for bail of the petitioner Shatrughan Rai is refused.

Other petitioners are carrying general and omnibus allegation of commission of assault and theft in the background of dispute between the parties, let the petitioners, namely, Jay Mangal Rai, Chandan Rai and Ranjeet Rai, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Minapur P.S. Case No. 345 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.82004 of 2019(2) dt.23-01-2020 3/3 (c) The petitioners shall not leave the country without permission of the trial Court.

With the aforesaid observation, this application is partly allowed and partly dismissed.

(Birendra Kumar, J) mantreshwar/- U T