Allowed

Sanjay Rai @ Budha Rai @ Badha Rai v. The State of Bihar

Patna HC20 Nov 2019CR. MISC./66868/2019

Case brief

AI extract

What is this about?

A single-judge full bench granted anticipatory bail to Sanjay Rai and Krishnand Rai apprehending arrest in PS Case 132. The court observed the Section 384 IPC accusation was not prima facie made out and ordered release with bail bonds.

What did the court decide?

Petitioners released on anticipatory bail under Section 438 CrPC on furnishing bond of Rs. 10,000 with two sureties.

Sanjay Rai @ Budha Rai @ Badha Rai Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66868 of 2019

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Arising Out of PS. Case No.-132 Year-2019 Thana- RAJPUR District- Buxar

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

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Sanjay Rai @ Budha Rai @ Badha Rai, Son of Krishnand Rai @ Krishnandan Rai @ Krishnanad Rai @ Krishnanand Rai Resident of Village- Tiyara, P.S.- Rajpur, District- Buxar.

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Krishnand Rai @ Krishnandan Rai @ Krishnanad Rai @ Krishnanand Rai Son of Late Sripat Rai Resident of Village- Tiyara, P.S.- Rajpur, DistrictBuxar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 20-11-2019

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Heard learned counsels for the petitioners and the

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State.

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The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 341 and 384/34 of the IPC.

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The prosecution case is that on 11.06.2019, the informant was going to his village to attend a marriage ceremony, but on the way, the petitioners stopped the informant and threatened him not to sale the land to other person. It is further alleged that the petitioners also abused, assaulted and demanded extortion from the informant.

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It is submitted by learned counsel for the petitioners that

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Patna High Court CR. MISC. No.66868 of 2019(2) dt.20-11-2019 2/2

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the accusation against the petitioners is omnibus and general and even assuming the accusation to be true, the offence under Section 384 IPC, which is only non-bailable provision, is not made out against the petitioners. A statement has been made in paragraph no.3 of the petition that petitioner no.1 is made accused in one other case, in which he is on bail, while petitioner no.2 is not having any criminal antecedent.

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Learned APP submits that the petitioners are named in the FIR with specific accusation.

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Considering the nature of accusation, which prima facie, does not constitutes an offence under Section 384 IPC, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-VI, Buxar in connection with Rajpur P.S. Case No. 132 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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(Dinesh Kumar Singh, J)

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Amrendra/-

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U T

Sanjay Rai @ Budha Rai @ Badha Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Rai @ Budha Rai @ Badha Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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