Indrajit Rai @ Indrajit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11181 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== INDRAJIT RAI @ INDRAJIT YADAV S/o Late Jagarnath Rai R/o VillageTetaria, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Rajepur Police Station Case No. 39 of 2020, registered for the offences punishable under Sections 147/341/323/307/504 of the Indian Penal Code.
The allegation, as per the First Information Report, is that upon instigation of the petitioner, his son, Mukesh Kumar, assaulted the informant by means of farsa, on his head. Learned Counsel for the petitioner submits that both the parties are co-sharers and there is land dispute between them also. He next submits that for the occurrence, which has taken place on the same date and time, a counter case has been lodged by the side of the petitioner, bearing Rajepur Police Station Case
Patna High Court CR. MISC. No.11181 of 2021(3) dt.19-02-2021 2/2 No. 38 of 2020. He next submits that the petitioner is at best the order giver and no allegation of assault is there against the petitioner.
Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are co-sharer, there is land dispute between them and the petitioner is the order giver, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Rajepur Police Station Case No. 39 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √