Brajesh Rai @ Brajesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11990 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Brajesh Rai @ Brajesh Prasad Yadav S/o- Late Dev Lal Rai VillagePanditpur Amwa Tola Ps- Piprakothi Dist- East Champaran 2.

Gudiya Devi wife of Rajesh Rai @ Rajesh Prasad Yadav Village- Panditpur Amwa Tola Ps- Piprakothi Dist- East Champaran 3.

Soni Devi wife of Brajesh Rai @ Brajesh Prasad Yadav Village- panditpur Amwa Tola Ps- Piprakothi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balgovind Sharma, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 447, 448, 379, 307, 504, 506 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have abused and assaulted the informant due to which she sustained injuries. They also committed lootpaat in her house.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.11990 of 2024(2) dt.12-03-2024 2/2 The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are agnates and there is admitted land dispute between them. There is case and counter case between the parties. The injuries sustained by the victim are simple in nature, which is also evident from Annexure 3. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and the injuries of the victim are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Piprakothi P.S. Case No. 181 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T