Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21162 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BIRENDRA RAI Son of Raghunath Ray R/o village- Dusanda, P.SBaikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Baikunthpur P.S.Case No.156 of 2018 , registered for offences punishable under Sections 341, 323, 379, 354(B), 504, 506 and 34 of the Indian Penal Code.

Prosecution story is that due to old dispute, the coaccused persons started damaging his thatched boundary wall and abused her mother and there is allegation of assault against the other accused persons and against this petitioner there is allegation of dragging the mother of the informant. Submission of the learned counsel for the petitioner is that there is a case lodged by the petitioner against the informant and others and as such he has been made accused in

Patna High Court CR. MISC. No.21162 of 2019(3) dt.08-05-2019 2/2 this case making some allegation ornamental in nature and there is no allegation of assault against the petitioner . Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Neeraj Kumar Pandey, J.M. Ist Class, Gopalganj in connection with Baikunthpur P.S.case No.156 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T