Jagdish Rai @ Jagdish Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11766 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== Jagdish Rai @ Jagdish Ray, (Male), aged about 47 Years, Son of Ganeshi Rai Resident of Village - Bangraha, P.S.- Bajpatti, Dist.- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sangeet Deokuliar, Advocate.

For the Opposite Party :

Mr.Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 447, 379, 504 and 506 of the IPC.

The prosecution story, in brief, is that on the alleged date and time of occurrence, accused persons including the petitioner variously armed came to the house of informant Deepak Kumar and assaulted him and injured Sheoji Rai and Harish Chandra Rai with Lathi, Farsa and Iron rods and took away cash of Rs. 20,000/- and ornaments after breaking box kept in the house of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.11766 of 2019(2) dt.26-02-2019 2/2 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sitamarhi, in connection with Bajpatti P.S. Case No. 45 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T