Jinish Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16977 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== 1.
JINISH RAI SON OF RAM DAYAL RAI R/O VILLAGE- SIMARWARA, P.S.- PATEPUR, DISTRICT- VAISHALI 2.
SANJEET RAI SON OF RAM DAYAL RAI R/O VILLAGESIMARWARA, P.S.- PATEPUR, DISTRICT- VAISHALI 3.
RAM DAYAL RAI SON OF DEWKI RAI R/O VILLAGE- SIMARWARA, P.S.- PATEPUR, DISTRICT- VAISHALI 4.
DHIRAJ KUMAR SON OF JINISH RAI R/O VILLAGE- SIMARWARA, P.S.- PATEPUR, DISTRICT- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 3, Ram Dayal Rai.
Permission is accorded.
The informant alleges that on 06.07.2022, he had gone to his field when all the accused persons, including the petitioners,
Patna High Court CR. MISC. No.16977 of 2023(2) dt.25-05-2023 2/3 came variously armed and started assaulting and Ginish Rai (petitioner No. 1) assaulted him with farsa causing cut injury on his head, on hearing halla when his family members came, it is alleged that Sanjeet assaulted the son of the informant namely Manoj with an iron rod causing injury on head and Ram Dayal, Dhiraj and Neeraj assaulted Rakesh and Ujjala Kumari with lathi, danda and iron rod. Learned counsel for the petitioners next submits that the petitioners are persons with clean antecedent. Learned counsel next submits that the petitioners have been falsely implicated in the present case, it is next submitted that on account of dispute relating to land, the present case came to be implicated, it is next submitted that even the injury suffered by the injured is simple in nature and no grievous injury has been caused to any of the injured which amply demonstrates that the fight between the parties was on account of an altercation which had taken place on account of dispute relating to land.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patepur
Patna High Court CR. MISC. No.16977 of 2023(2) dt.25-05-2023 3/3 P.S. Case No. 184 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T