Niraj Ray @ Niraj Kumar @ Dhunmun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14952 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- SATHI District- West Champaran ====================================================== NIRAJ RAY @ NIRAJ KUMAR @ DHUNMUN RAI Son of Madan Ray Resident of village- Satwaria, Police Station - Sathi, District - West Champaran at Bettiah.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek For the Opposite Party/s :
Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner apprehends his arrest in connection with Sathi P.S. Case No. 115/2020 registered for the offences punishable under Sections 147/148/149/341/323/324/325/385/ 307/504/506 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that the occurrence took place on a very trivial dispute about drainage and both the sides are neighbours and they entered into a compromise, but the compromise petition is not on record. Considering the above submission, the prayer of the petitioner for grant of anticipatory bail is allowed.
Patna High Court CR. MISC. No.14952 of 2021(2) dt.27-01-2022 2/2 Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Sathi P.S. Case No. 115/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
It is directed that the Court below before accepting the bail bonds of the petitioner shall verify as to the fact that the petitioner has entered into a compromise. If the parties have entered into a compromise, the bail bonds of the petitioner shall be accepted and if the parties have not entered into a compromise, the bail bonds of the petitioner shall not be accepted and he shall be taken into custody.
With the aforesaid directions and observations, this application is allowed.
(Sandeep Kumar, J) Saif/-Anand Kr.
U T