Bharat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3060 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Bharat Rai Son Of Umesh Rai Resident Of Village- Simra, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

As per prosecution case, the petitioner along with other co-accused armed with sharp edge knife, entered into informant's house and inflicted knife blow on his wife head resulting head injury. When informant's father tried to save her, Umesh Rai assaulted him by means of knife causing injury on chest, legs and hands.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No. 3060 of 2023(2) dt.28-03-2023 2/2 petitioner is not specific rather general and omnibus in nature. He submits that the it will be evident that Doctor found injuries are simple in nature, it is clear from the injury reports enclosed as Annexure-2 to the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Mahnar P.S. Case No. 98 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T