Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8616 of 2022 Arising Out of PS. Case No.-330 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== MAHESH RAI SON OF SOGARATH RAI R/O VILLAGE- KODARIYA, P.S.- RUNNISAIDPUR, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 447 and 34 of the Indian Penal Code. The informant alleges on 18.07.2020 at 8:00 am, when he was at his door, the accused persons, including the petitioner, who are the neighbour, came variously armed and started abusing him on account of land dispute and thereafter, it is alleged that on orders of Nawal Rai, accused persons assaulted the informant till he fell unconscious and Mahesh Rai assaulted him with sword causing injury on head. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been implicated in the present case on account of land dispute, it is

Patna High Court CR. MISC. No.8616 of 2022(2) dt.02-09-2022 2/2 next submitted that the injuries suffered by the informant are simple in nature as stated in paragraph '8' of anticipation bail application and was caused by hard and blunt substance which further negates the allegation as alleged in the F.I.R. of assaulting by sword.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Runnisaidpur P.S. Case No. 330 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/GauravU T