Patna High Court
Birendra Rai vs The State Of Bihar on 19 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35556 of 2020
Arising Out of PS. Case No.-122 Year-2020 Thana- KATRA District- Muzaffarpur
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1. Birendra Rai (Male) aged about 35 years, s/o Suresh Rai,
2. Manjay Rai @ Manonj Rai @ Monoj Rai (Male) aged about 34 years, s/o
Ram Babu Rai,
3. Suresh Rai (Male) aged about 60 years, s/o Late Laxman Rai,
All resident of village- Singhwari.
4. Chandan Rai (Male), aged about 28 years, s/o Dinesh Rai, resident of
village- Chainpur,
All of P.S.- Katra, Distrist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate
For the State : Mr. Sanjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 19-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. Chandra Shekhar Anand, learned
counsel for the petitioners and Mr. Sanjay Kumar, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioners apprehend arrest in connection with
Katra PS Case No. 122 of 2020 dated 31.05.2020, instituted
under Sections 341, 323, 324, 307, 354-B, 325, 504/34 of the
Indian Penal Code.
4. The allegation against the petitioners and other co-
Patna High Court CR. MISC. No.35556 of 2020 dt.19-07-2021
accused is of assault by iron rod, lathi, and danda due to which
the informant suffered injury on the head from which there was
bleeding and when he fell down, all the accused assaulted him.
It is further alleged that there was fracture of leg also.
5. Learned counsel for the petitioners submitted that
the main grievance of the informant is against Ravindra Rai @
Bheema Rai, who is said to have tried to outrage the modesty of
the informant's wife about a month prior to the present incident
and when the informant reached there, he was assaulted by fists
and slaps and made to go away and later, on 24.04.2020, the
present incident is said to have taken place. Learned counsel
submitted that because they are related to the said accused, they
have also been falsely implicated. Learned counsel submitted
that the allegation is general and omnibus and though there are
wounds on the body, but it cannot be attributed to the petitioners
as it has been said to be caused by hard and blunt substance
which indicates that the injuries may have been sustained due to
some other reason. It was submitted that the petitioners have no
criminal antecedent.
6. Learned APP, from the case diary, submitted that
injury report shows lacerated wound on the occipital region of
the scalp and abrasion on the right shoulder and complain of not
Patna High Court CR. MISC. No.35556 of 2020 dt.19-07-2021
being able to move the left upper limb and left lower limb. It
was submitted that in the X-ray, fracture has been found of the
left upper limb also. Thus, learned APP submitted that the
allegation of general assault is corroborated by the numerous
wounds on the upper part of the body and it is very natural that
when there is attack, more than one injury would be there and,
at this stage, it is neither required nor possible to identify each
and every person and allege specific injury towards him. It was
submitted that even otherwise, the nature of allegation is
corroborated by the injury report.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court is not inclined to grant pre-arrest bail to the petitioners.
8. Accordingly, the petition stands dismissed.
9. Interim protection granted to the petitioners under
order dated 22.06.2021 stands vacated.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
