Mundrika Rai @ Modak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16223 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- ISUAPUR District- Saran ====================================================== Mundrika Rai @ Modak Rai, aged about 40 years, male, Son of late Laxman Rai Resident of Village - Chandpura, P.S.- Isuapur, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard Mr. Jeetendra Narayan, learned Advocate for the petitioner and learned A.P.P.

The petitioner seeks bail in anticipation of his arrest in connection with Isuapur P.S. Case No. 159 of 2020 dated 16.02.2020 instituted for the offences under Sections 341, 323, 324, 307, 379, 504 with 34 of the Indian Penal Code. The petitioner and his other associates were fixing pegs in the land of the Informant which was objected by him. On such protest, the petitioner is said to have given a blow on his neck by a sharp cutting weapon as a result of which he got injured.

The learned counsel for the petitioner has submitted that the accusation is absolutely false and misdirected. Because

Patna High Court CR. MISC. No.16223 of 2021(2) dt.04-03-2022 2/2 of a dispute between the parties, a case was lodged by one of the family members of the petitioner vide Isuapur P.S. Case No. 160 of 2020. It has further been submitted that the injury report belies the genuineness of the statement made in the F.I.R. that the petitioner had used Farsa to assault the Informant. No independent person has supported the prosecution case during the course of investigation.

For the reasons aforestated above, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Isuapur P.S. Case No. 159 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) rishi/- U T