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Patna High CourtCR. MISC./12072/2023allowed

Rajeev Lal Gayab @ Karu Lal Gayab v. The State Of Bihar

2023-04-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12072 of 2023 Arising Out of PS. Case No.-141 Year-2021 Thana- VISHNUPAD District- Gaya ====================================================== Rajeev Lal Gayab @ Karu Lal Gayab S/O Late Shyamlal Gayab Resident Of Mohalla- Kathgachhi Nayi Sadak P.S.- Vishunpad District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner has filed a supplementary affidavit in court today. Let the same be kept on record.

Petitioner apprehends his arrest in connection with Vishnupad P.S. Case No. 141 of 2021 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 354(B), 379, 504, 506 the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons assaulted the informant due to land dispute. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. There is case and counter case between the parties and both the sides

Patna High Court CR. MISC. No.12072 of 2023(2) dt.27-04-2023 2/2 sustained injuries. No specific overt act has been levelled against the petitioner, there is general and omnibus allegation and injuries sustained by the injured was simple in nature. Both the parties are agnates. It is further submitted that petitioner has got three criminal antecedents as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioner as well as submission of the parties, let the above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Vishnupad P.S. Case No. 141 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T