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Patna High CourtCR. MISC./6726/2020allowed

Santosh Rai v. The State Of Bihar

2020-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6726 of 2020 Arising Out of PS. Case No.-312 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== SANTOSH RAI Son of Late Muneshwar Rai Resident of Village - Fatehpur Kamali, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Mahnar P.S. Case No. 312 of 2018 for the offenses under Section 147, 148, 149, 323, 324, 307, 326, 504 of the Indian Penal Code and Section 27 of the Arms Act. .

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. On account of land dispute both parties have entered into scuffle. With reference to Annexure-2, learned counsel submits that informant side was restrained from entering the disputed land yet they were aggressor and as such the petitioner has exercised right of private defence. The petitioner has also sustained injury in the scuffle.

Patna High Court CR. MISC. No.6726 of 2020(2) dt.04-02-2020 2/2 Considering the aforesaid, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/-(Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Vaishali at Hajiur in connection with Mahnar P.S. Case No. 312 of 2018.

(Anil Kumar Upadhyay, J) spandey/- U T