Umesh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Umesh Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to surrender in the Court below within four weeks and, on arrest or surrender in connection with Bachhwara P.S. Case no. 250 of 2023, to be enlarged on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to the conditions under section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioners (Umesh Rai, Upendra Rai @ Opi and Mala Devi), apprehending arrest in Bachhwara P.S. Case No. 250 of 2023 (Sections 341, 323, 384, 324, 307, 379, 504, 506 and 34 IPC), are entitled to anticipatory bail.

Court's answer

Having heard learned counsel for the parties, and in the facts and circumstances of the case as stated, the Court was inclined to enlarge the petitioners on bail (anticipatory bail).

Ratio / Principle

The petitioners are directed to surrender in the Court below within four weeks; in the event of their arrest or surrender in connection with Bachhwara P.S. Case no. 250 of 2023, they will be enlarged on bail.

Key takeaways

The enlargement is conditional on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to the conditions laid down under section 438(2) of the Cr.P.C.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Sunil Kumar Panwar, J.), oral order dated 02-07-2024 in CR. MISC. No.31489 of 2024, allowed the anticipatory-bail application of Umesh Rai, Upendra Rai @ Opi and Mala Devi apprehending arrest in Bachhwara P.S. Case No. 250 of 2023 (District Begusarai), instituted for offences under Sections 341, 323, 384, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The prosecution case alleged that the petitioners, along with co-accused, came to the informant's house, assaulted the informant's brother causing injury, demanded ransom and threatened dire consequences. Counsel for the petitioners urged: innocence; existence of case and counter case (FIR Bachhwara P.S. Case No. 251 of 2023); non-execution of the alleged ransom demand; injury report (Annexure-P/3) indicating injury by a hard and blunt substance rather than a sharp-edged weapon; general and omnibus allegations; the specific assault allegation being against co-accused Raj Kumar Rai, who had already been granted regular bail (order dated 15.01.2024 in Cr. Misc. No. 85192 of 2023); and no criminal antecedents (statement in para-3 of the petition). On the facts and circumstances stated, the Court enlarged the petitioners on bail, directing surrender within four weeks; on arrest or surrender they are to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to the conditions under section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31489 of 2024

Arising Out of PS. Case No.-250 Year-2023 Thana- BACHHWARA District- Begusarai

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

Umesh Rai SON OF LATE LAKSHMI RAI RESIDENT OF VILLAGERANI TOLA, PS- BACHHWARA, DIST- BEGUSARAI

UPENDRA RAI @ OPI SON OF LATE LAKSHMI RAI RESIDENT OF VILLAGE- RANI TOLA, PS- BACHHWARA, DIST- BEGUSARAI

MALA DEVI WIFE OF UMESH RAI RESIDENT OF VILLAGE- RANI TOLA, PS- BACHHWARA, DIST- BEGUSARAI

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

3 02-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bachhwara P.S. Case no. 250 of 2023 instituted for the offence under Sections 341, 323, 384, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Allegation against co-accused along with the petitioners is that they came at the house of the informant and the petitioners along with co-accused are alleged to have assaulted the brother of the informant due to which he sustained

Patna High Court CR. MISC. No.31489 of 2024(3) dt.02-07-2024 2/3

injury. It is further alleged that they demanded ransom from the informant and threatened them of dire consequences.

Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. There is case and counter case between the parties and in regard to the said occurrence, an FIR was lodged Bachhwara P.S. Case No. 251 of 2023. The ransom demand was not executed. It is further submitted that the petitioners are alleged to have assaulted the informant’s brother with sharp edge weapon but the injury report suggests that injury caused by hard and blunt substance and in support of this, Annexure-P/3 has been annexed with this petition. There is general and omnibus allegation has been levelled against the petitioners. The specific allegation of assault is against co-accused Raj Kumar Rai who assaulted the informant’s brother and he has already been granted regular bail by this Court vide order dated 15.01.2024 in Cr. Misc. No 85192 of 2023. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

Patna High Court CR. MISC. No.31489 of 2024(3) dt.02-07-2024 3/3

petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bachhwara P.S. Case no. 250 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J)

shubham/-

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