Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2025 of 2022 Arising Out of PS. Case No.-331 Year-2021 Thana- MANER District- Patna ====================================================== 1.

SURESH RAI Son of Late Laxuman Rai Resident of Village- Lodipur, P.S.- Maner, District- Patna.

2.

Rakesh Rai Son of Suresh Rai Resident of Village- Lodipur, P.S.- Maner, District- Patna.

3.

Nitesh Rai Son of Suresh Rai Resident of Village- Lodipur, P.S.- Maner, District- Patna.

4.

Deepak Rai Son of Suresh Rai Resident of Village- Lodipur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 325, 307, 354, 506 of the Indian Penal Code.

Allegedly, the FIR named accused persons including the

Patna High Court CR. MISC. No.2025 of 2022(2 ) dt.27-07-2022 2/3 petitioners have indiscriminately assaulted the informant's side by means of lathi, danda etc. on account of a land dispute. The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that both parties are agnates and there is an admitted land dispute between them. It is further submitted that for the alleged occurrence, there is a case and counter-case between the parties. In the alleged occurrence both sides have sustained injuries, which are simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before

Patna High Court CR. MISC. No.2025 of 2022(2 ) dt.27-07-2022 3/3 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 court below where the case is pending/Successor Court in connection with Maner P.S. Case No.331 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shweta/- U T