Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14114 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Surendra Rai S/O Nathuni Rai R/V- Sathiauta, P.S.- Bhagwanpur, DistrictVaishali 2.

Mukesh Rai S/O Hardev Rai R/V- Sathiauta, P.S.- Bhagwanpur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioner submits that during pendency of this application, petitioner no. 2, namely Mukesh Rai has been arrested, hence he seeks permission to withdraw the bail application.

Permission is accorded.

Accordingly, the present bail application stands dismissed as withdrawn.

Petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 170 of 2022 registered for the offences punishable under Sections 341, 323, 324, 325, 147, 149, 436, 307, 504, 506/34 of the Indian Penal Code. As per the FIR, all the FIR named accused persons

Patna High Court CR. MISC. No.14114 of 2023(2) dt.12-05-2023 2/2 including the petitioner assaulted the informant's father with iron rod on the head and face of his father. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case due to land dispute. There is case and counter case between the parties and both the sides sustained injuries and the injuries was found simple in nature. There is general and omnibus allegation against the petitioner. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.

Considering the nature of injuries as well as submissions 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 25,000/- (twenty five thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate,-I Vaishali at Hajipur in Bhagwanpur P.S. Case No. 170 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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