Allowed

Ganesh Rai @ Ganesh Ray v. The State of Bihar

Patna HC16 Aug 2022CR. MISC./46458/2021

Case brief

AI extract

What is this about?

Hon'ble Single Judge of the Patna High Court granted anticipatory bail to four petitioners apprehending arrest in a case involving offences under various sections of the IPC. The petitioners claimed the case was based on a pending house dispute and contained general allegations without injury reports. Bail was granted on furnishing a bond within six weeks.

What did the court decide?

Bail granted upon furnishing a bond of Rs. 25,000/- with two sureties within six weeks of arrest or surrender.

Ganesh Rai @ Ganesh Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46458 of 2021

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Arising Out of PS. Case No.-242 Year-2019 Thana- BOCHAHAN District- Muzaffarpur

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

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GANESH RAI @ GANESH RAY Son of Late Rambahadur Rai Resident of Village - Pirkpur (Pirakhpur), P.S. - Bochahan (Bochaha), Dist - Muzaffarpur.

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RAMDEO RAI Son of Late Ramabahadur Rai Resident of Village - Pirkpur (Pirakhpur), P.S. - Bochahan (Bochaha), Dist - Muzaffarpur.

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SHATRUGHAN RAI Son of Ramdeo Rai Resident of Village - Pirkpur (Pirakhpur), P.S. - Bochahan (Bochaha), Dist - Muzaffarpur.

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SANJAY RAI Son of Ramdeo Rai Resident of Village - Pirkpur (Pirakhpur), P.S. - Bochahan (Bochaha), Dist - Muzaffarpur.

... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ratneshwar Prasad For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 16-08-2022 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 & 506/34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.46458 of 2021(4) dt.16-08-2022 2/3

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All these petitioners are said to have together committed the occurrence as alleged in the F.I.R. and in this occurrence injuries have been caused to the informant and his son.

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It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, petitioners and informant are full brothers and there are house dispute pending between the parties. No injury report is available on record to support the prosecution case. The instant case is counter blast of Bochahan P.S. Case No.235 of 2019. Both sides have sustained injury. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bochahan (Bochaha) P.S. Case

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Patna High Court CR. MISC. No.46458 of 2021(4) dt.16-08-2022 3/3

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No.242 of 2019, subject to the condition as laid down under

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Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J.)

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Trivedi/-

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U T

Ganesh Rai @ Ganesh Ray v. The State of Bihar

Case brief

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Ganesh Rai @ Ganesh Ray v. The State of Bihar

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