Sanjay Rai vs The State Of Bihar on 15 February, 2025

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Patna High Court - Orders

Sanjay Rai vs The State Of Bihar on 15 February, 2025

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2365 of 2025
                       Arising Out of PS. Case No.-263 Year-2024 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Sanjay Rai S/O Nand Kishore Rai R/O Vill.- Supol Taria, ward no.-09, P.S.-
                  Mahua, District- Vaishali.
           2.    Upendra Rai S/O Late Naga Rai R/O Vill.- Supol Taria, ward no.-09, P.S.-
                 Mahua, District- Vaishali.
           3.    Niraj Kumar S/O Upendra Rai R/O Vill.- Supol Taria, ward no.-09, P.S.-
                 Mahua, District- Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, A.P.P.
                                                  Mr. Rajesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-02-2025

Heard learned counsel for the petitioners, the State and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 147, 341, 323, 379, 336, 504/506 of the Indian Penal Code.

3. As per the prosecution case, due to previous enmity all the accused persons armed with weapons entered the house of the informant and looted his house and on protest petitioner no. 2 ordered to set the house on fire. Thereafter, co-accused Kamlesh Rai and petitioner no.3 set the house on fire. Petitioner no.2 wrapped Gamcha in the neck of the informant and started dragging him.

4. It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case due to patidari grudge since parties are neighbour and patidar and there Patna High Court CR. MISC. No.2365 of 2025(2) dt.15-02-2025 2/2 is land dispute since long. Present case is counter blast of Mahua Police Station Case No. 266 of 2024 in which informant is one of the accused persons. Petitioners claim clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of petitioner no.1 is allowed. In the event of arrest/surrender within eight weeks from today, let this petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class IX, Vaishali at Hajipur in Mahua Police Station Case No. 263 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

7. Considering the nature and gravity of allegation, prayer for bail of the petitioners no. 2 and 3 is rejected.




                                             (Prabhat Kumar Singh, J)
Shashi

U        T

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Patna High Court - Orders