Janardan Rai @ Janardan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2813 of 2023 Arising Out of PS. Case No.-698 Year-2021 Thana- GARKHA District- Saran ====================================================== Janardan Rai @ Janardan Ray ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Garkha P.S. Case No. 698 of 2021 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 448, 427, 504 the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, all the FIR named accused persons including the petitioner entered into the house of informant and abused and assaulted with Daab, Lathi and brick causing injury to them and taken away Rs, 1,50000/- from attache.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. The

Patna High Court CR. MISC. No.2813 of 2023(5) dt.04-05-2023 2/3 occurrence took place on 07.09.2021 and the FIR has been lodged on 10.09.2021. It is further submitted that there is no specific over act of assault has been attributed against the petitioner and there is general and omnibus allegation levelled against the petitioner. There is case and counter case between the parties and admitted land dispute. Both the sides have sustained grievous injuries. It is further submitted that petitioner have two criminal antecedents as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 25,000/- ( twenty five thousand) each with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st class, Saran at Chapra in Garkha P.S. Case No. 698 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T

Patna High Court CR. MISC. No.2813 of 2023(5) dt.04-05-2023 3/3