Shiv Bechan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5041 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Shiv Bechan Rai Son Of Late Subedar Rai R/O Village- Ramvan, P.S.- Shyampur Bhadaha, District- Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijat For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Learned counsel for the petitioner filed a supplementary affidavit in the Court today.
Let it be kept on the record.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 448 and 504/34 of the Indian Penal Code pending in the learned court below.
As per the prosecution case, there is allegation against the petitioner to assault the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is admitted land dispute
Patna High Court CR. MISC. No.5041 of 2023(2) dt.05-05-2023 2/2 between the parties and both sides have sustained injuries. He submits that there is case and counter-case between the parties. He further submits that petitioner and informant are agnates. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the age of the victim (70 years), let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Shyampur Bhatha P.S. Case No. 90/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T