Laxchmi Narayan Rai@ Lakshmi Narayan Rai @ Laxmi Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17094 of 2024 Arising Out of PS. Case No.-441 Year-2023 Thana- MANER District- Patna ====================================================== Laxchmi Narayan Rai@ Lakshmi Narayan Rai @ Laxmi Roy Son Of Late Balram Rai Resident Of Village- Khaspur, Ps- Maner, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Maner P.S. Case No. 441 of 2023 dated 11.06.2023, instituted for the offence punishable under Sections 341, 323, 307, 379, 504, 506, 341 of the Indian Penal Code.
3. The prosecution case, in short, is that on account of land dispute the petitioner asked the co-accused to kill him upon which co-accused had caught him and the petitioner is alleged to have tied the neck of the informant by means of towel (Gamcha) with the intention to kill him and snatched his gold chain and cash.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.17094 of 2024(2) dt.18-03-2024 2/3 case. It is further submitted that petitioner and informant are agnates (gotia) and there is a land dispute between the parties due to which the present false and concocted case has been lodged against the petitioner. It is further stated that there is a case and counter case between the parties vide Maner P.S. Case No. 456 of 2023 lodged by Meera Devi (Sister of the petitioner) against the informant's side. It is next submitted that there is no specific allegation against the petitioner of assaulting the informant rather the allegation is against co-accused namely, Rohit who is said to have assaulted with lathi on the head of the informant. It is further stated that allegation against the petitioner is that he is order giver and he tied the neck of the informant with towel. It is submitted that there is no injury mentioned in the impugned order which shows that no injury was received by the informant. Lastly, it has been submitted that the petitioner has 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 Maner P.S. Case No.
Patna High Court CR. MISC. No.17094 of 2024(2) dt.18-03-2024 3/3 441 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Danapur, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) sankalp/- U T