Umesh Rai @ Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17615 of 2024 Arising Out of PS. Case No.-1195 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Umesh Rai @ Umesh Yadav Son of Ramanand Rai Resident of VillageJaisinghpur, Mangnua, P.S.- Turkauliya, District- East Champaran at Motihari 2.

Dhrup Rai @ Dhrup Yadav Son of Ramanand Rai Resident of VillageJaisinghpur, Mangnua, P.S.- Turkauliya, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Turkauliya P.S. Case No. 1195 of 2023 dated 23.11.2023, instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 327, 308, 379, 384, 447, 504 and 506 of the Indian Penal Code.

3. The allegation against petitioner no. 1 is that he assaulted with farasa on the head of Jamadar Rai and against petitioner no. 2 is that he assaulted with spade on the foot of Jamadar Rai.

Patna High Court CR. MISC. No.17615 of 2024(2) dt.18-03-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that both the parties are maternal agnates and there is a land dispute between the parties due to which the present false and concocted case has been lodged against the petitioners. It is further stated that from bare perusal of the injury report (Annexure 3), it is evident that there are two injuries, first is the lacerated wound on vertex (1x1/4 inch) and another injury is an abrasion on anterior part of right foot and both the injuries were found to be simple in nature caused by hard and blunt substance. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Turkauliya P.S. Case No. 1195 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, East

Patna High Court CR. MISC. No.17615 of 2024(2) dt.18-03-2024 3/3 Champaran at Motihari, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T