← Library
Patna High CourtCR. MISC./20780/2021bail granted

Binod Rai v. The State Of Bihar

2021-11-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20780 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== 1.

BINOD RAI, aged about 33 years, Male, son of Jai Prakash Rai, resident of village - Bishunpur Devjeet, P.S.- Madhuban, District- East Champaran. 2.

Nitish Kumar, aged about 19 years, Male, son of Ram Ekbal Rai, resident of village- Bishunpur Devjeet, P.S.- Madhuban, District- East Champaran. 3.

Kamlesh Rai, aged about 35 years, Male, son of Bindeshwar Rai, R/o village- Bishunpur Devjeet, P.S.- Madhuban, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Rajesh Ranjan, Advocate Mr. Shakti Suman Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2021 This case has been listed out of turn as the petitioner no.2 is to appear in the competitive examination which is to be held on 29.11.2021.

Heard learned counsel for the parties.

This application for anticipatory bail arises out of Madhuban P.S. Case No. 204 of 2020 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that the genesis of the occurrence is the land dispute and there is case and counter case from both the sides. It is

Patna High Court CR. MISC. No.20780 of 2021(2) dt.25-11-2021 2/2 further submitted that the persons have been injured from both the sides and there is no allegation of assault against these petitioners.

Considering the aforesaid facts, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 204 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T