Hanuman Rai vs The State Of Bihar on 17 March, 2023

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Patna High Court - Orders

Hanuman Rai vs The State Of Bihar on 17 March, 2023

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71976 of 2022
                   Arising Out of PS. Case No.-130 Year-2022 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.     HANUMAN RAI S/O DAROGA RAI Resident of village- Tajpur Saraiya,
                  P.S.- Rajepur, District- East Champaran.
           2.    DINESH RAI @ PANCHU RAI S/O HANUMAN RAI Resident of village-
                 Tajpur Saraiya, P.S.- Rajepur, District- East Champaran.
           3.    GANESH RAI S/O HANUMAN RAI Resident of village- Tajpur Saraiya,
                 P.S.- Rajepur, District- East Champaran.
           4.     BAIJU RAI @ BAIJU KUMAR S/O HANUMAN RAI Resident of village-
                  Tajpur Saraiya, P.S.- Rajepur, District- East Champaran.
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Upendra Kumar
                 For the Opposite Party/s :       Mr. Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   17-03-2023

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

As per the FIR, Dinesh Rai assaulted to Ramesh Kumar by means of talwar on the head. Hanuman Rai and Baiju Rai torn the blauz and sari and also taken away Mangalsutra worth of Rs. 40,000/-.

Learned counsel for the petitioners submits that the Patna High Court CR. MISC. No.71976 of 2022(2) dt.17-03-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that there is specific overt act against the petitioner no.2, namely, Denesh Rai to assult to one Ramesh Rai on head by means of Sword and so far allegation against the petitioner nos.1, 3 & 4 are general and vague. He submits that the injuries found upon the victim is simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Rajepur P.S. Case No.130 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/-

U      T

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Patna High Court - Orders