Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7902 of 2022 Arising Out of PS. Case No.-264 Year-2021 Thana- MAHUA District- Vaishali ====================================================== 1.

VINAY KUMAR S/o Raghuvir Ray R/o Village- Chak Majahid, P.S.- Mahua, District- Vaishali 2.

RAGHUVIR RAY S/o Late Ramanand Ray R/o Village- Chak Majahid, P.S.- Mahua, District- Vaishali 3.

INDRAJEET KUMAR S/o Dharmveer Ray @ Dharmvir Ray R/o VillageChak Majahid, P.S.- Mahua, District- Vaishali 4.

DHRMVEER RAY @ DHARAMVIR RAY S/o Late Ramanand Ray R/o Village- Chak Majahid, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in connection with Mahua P.S. Case No.264 of 2021, registered for the offences punishable under Sections 447, 323, 324, 307, 354(B), 380, 504 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 30.04.2021 while the informant was sitting at his darwaza, the petitioners came there variously armed and started abusing him. When the informant forbade them, Raghuvir Ray assaulted him by means of iron rod causing injury on his head. When the elder brother of the informant came to save him, Indrajeet Kumar assaulted him

Patna High Court CR. MISC. No.7902 of 2022(4) dt.26-09-2022 2/3 also by means of farsa causing injuries on his head and right thumb. Thereafter the wife of the informant came to save him and she was also assaulted by Dhrmveer Ray and Vinay Kumar. It is also alleged that Raghuvir Ray took away a briefcase from the house of the informant containing Rs.50,000/- cash, chain made of gold and Mangalsutra.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is land dispute between the parties.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

By order dated 01.08.2022, case diary and injury report were called for. From perusal of the injury report, it appears that the injuries are simple in nature. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two

Patna High Court CR. MISC. No.7902 of 2022(4) dt.26-09-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.264 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T