Allowed

Manoj Rai and Ors. v. The State Of Bihar

Patna HC17 Dec 2018CR. MISC./67951/2018

Case brief

AI extract

What is this about?

Single Judge of Patna High Court granted anticipatory bail to three petitioners in a criminal case involving offences under IPC, subject to specific conditions and time limits for furnishing the bond to a judicial magistrate.

What did the court decide?

Released on anticipatory bail in case of arrest or surrender before the learned Court below within 12 weeks, on furnishing bail bond of Rs.10,000 each with two sureties.

Manoj Rai and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.67951 of 2018

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Arising Out of PS. Case No.-34 Year-2018 Thana- SARAI RANJAN District- Samastipur

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======================================================

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Manoj Rai, Son of Rajendra Rai.

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Mukesh Rai, Son of Rajendra Rai.

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Arbind Rai @ Arbindra Rai, Son of Rajendra Rai. All are Resident of Village- Raipur Buzurg Simra Tola, Police Station- Sarai Ranjan, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 17-12-2018

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

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The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 307, 323, 324, 341, 379, 429, 448 and 506 of the Indian Penal Code.

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The prosecution case got initiated on the Fardbeyan of Umesh Rai, recorded by A.S.I. S.M. Hasan, PMCH (O.P.) on 22.03.2018 at 08.05 P.M., to the effect that the accused persons assaulted the informant and his family. It is specifically alleged that the petitioner no.2, Mukesh Rai assaulted the mother of the informant by means of farsa causing cut injury upon her nose, whereas, co-accused, Indal Rai assaulted the wife of the

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Patna High Court Cr.Misc. No.67951 of 2018(2) dt.17-12-2018 2/3

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informant by an iron rod while petitioner no.3, Arbind Rai assaulted the informant by an axe. It is further alleged that coaccused, Bhushan Rai assaulted the elder brother of the informant by an iron rod, whereas, co-accused, Indal Rai resorted to fire in order to create terror among them.

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It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute and the injuries are found to be simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

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It is submitted by learned APP for the State that the petitioners are named in the FIR.

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Considering the nature of accusation and the corresponding injuries received by the injured, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Sarai Ranjan P.S. Case No.34 of 2018,

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Patna High Court Cr.Misc. No.67951 of 2018(2) dt.17-12-2018 3/3

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subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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U T

Manoj Rai and Ors. v. The State Of Bihar

Case brief

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Manoj Rai and Ors. v. The State Of Bihar

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