Allowed

Mahendra Rai v. The State of Bihar

Patna HC21 Mar 2024CR. MISC./86593/2023

Case brief

AI extract

What is this about?

Eleven petitioners sought anticipatory bail in an assault case arising from a cross-version FIR; considering the counter case, non-serious injuries and possibility of false implication, the Patna High Court granted anticipatory bail with conditions.

What did the court decide?

Petitioners to be released on bail on arrest/surrender within eight weeks, on furnishing bail bonds of Rs.10,000 each with two sureties, subject to Section 438(2) CrPC conditions.

Mahendra Rai Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86593 of 2023

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Arising Out of PS. Case No.-354 Year-2023 Thana- MANER District- Patna

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

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Mahendra Rai, S/O Late Ramjeet Rai, Resident Of Village- Bhawani Tola, P.S.- Maner, District- Patna.

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Babu Lal Rai, S/O Late Ramjeet Rai, Resident Of Village- Bhawani Tola, P.S.- Maner, District- Patna.

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Anil Rai @ Anil Kumar, S/O Ashawani Kumar Rai, Resident Of VillageBhawani Tola, P.S.- Maner, District- Patna.

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Parma Rai S/O Late Ramjeet Rai Resident Of Village- Bhawani Tola, P.S.Maner, District- Patna.

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Ajit Kumar S/O Mahendra Rai Resident Of Village- Bhawani Tola, P.S.Maner, District- Patna.

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Rohit Kumar S/O Kamlesh Rai Resident Of Village- Bhawani Tola, P.S.Maner, District- Patna.

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Chandan Kumar S/O Sri Ram Rai Resident Of Village- Bhawani Tola, P.S.Maner, District- Patna.

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Guddu Kumar @ Guddu Rai S/O Late Shiv Tahal Rai Resident Of VillageBhawani Tola, P.S.- Maner, District- Patna.

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Umesh Rai S/O Parma Rai Resident Of Village- Bhawani Tola, P.S.- Maner, District- Patna.

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Mukesh Rai S/O Umesh Rai Resident Of Village- Bhawani Tola, P.S.Maner, District- Patna.

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Nawlesh Kumar S/O Sri Ram Rai Resident Of Village- Bhawani Tola, P.S.Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

===============	====	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s For the State For the Informant ==============	: : : ====	Mr.Sharad Shekhar, Advocate Mr.Abhay Kumar Roy, APP Mr. Dewendra Narayan Singh, Advocate ===================================
CORAM: HONOU	RABL	E MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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Patna High Court CR. MISC. No.86593 of 2023(3) dt.21-03-2024 2/4

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3 21-03-2024 Heard learned counsel for the petitioners and learned

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APP for the State as well as learned counsel for the informant.

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In this present case, the petitioners are apprehending their arrest in connection with Maner P.S. Case No. 354 of 2023, registered for the offences under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the Indian Penal Code.

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As per prosecution case, petitioners assaulted the informant and his family members causing a number of injuries to them.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Allegations are mostly general and omnibus and no injury as alleged has been found. The present case is counter version of Maner P.S. Case No. 355 of 2023 which was lodged by the petitioners’ side against the informant side for the same occurrence. Both sides have received injuries. Injury reports of the victims are mostly simple and non-serious though injury of the father of the informant is stated to be grievous but the same is not on any vital part of the body. Petitioner no.1 bears two criminal antecedents on which he is on bail. Petitioner nos. 3, 7, 10 and 11 also bear two criminal antecedent of two cases.

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Learned APP as well as leaned counsel for the

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Patna High Court CR. MISC. No.86593 of 2023(3) dt.21-03-2024 3/4

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informant vehemently oppose the prayer for anticipatory bail. Learned counsel for the informant submits that altogether 23 persons assaulted the informant and his family members and a number of injuries were caused to them.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and further considering the injury received by the petitioners side which remained unexplained and also considering the non-serious nature of injuries of the victims coupled with possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Danapur, Patna/concerned court in connection with Maner P.S. Case No. 354 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners will remain present on each and

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Patna High Court CR. MISC. No.86593 of 2023(3) dt.21-03-2024 4/4

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every date fixed by the court below, if so required

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by the learned trial court.

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(Arun Kumar Jha, J)

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balmukund/-

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U T

Mahendra Rai v. The State of Bihar

Case brief

What is this about?

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Mahendra Rai v. The State of Bihar

Case brief

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