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Patna High CourtCR. MISC./19476/2024allowed

Vijay Ratna @ Viveka Rai @ Vivek Rai v. The State Of Bihar

2024-04-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19476 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- SALIMPUR District- Patna ====================================================== 1.

VIJAY RATNA @ VIVEKA RAI @ VIVEK RAI S/O Ram Bachan Rai @ Ram Bachan @ Bachan R/O Village-Saidpur, P.S. Salimpur, District Patna 2.

RAM BACHAN RAI @ RAM BACHAN @ BACHAN S/O Late Siya Rai R/O Village-Saidpur, P.S. Salimpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 & 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against these petitioners is that they along with other co-accused are said to have assaulted the husband of the informant by means of lathi.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and

Patna High Court CR. MISC. No.19476 of 2024(2) dt.04-04-2024 2/2 omnibus in nature. The specific allegation of resorting firing is upon co-accused Bishkant Rai. Both the parties are agnates and there is admitted land dispute between the parties. Both sides have filed cases against each other. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that both the parties are agnates and there is land dispute between them, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Salimpur P.S. Case No.162 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T