Ramashray Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19588 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Ramashray Rai S/o- Ramotar Roy Resident of Village- Ramchandarpur, Naipur, Police Station - Bachhwara, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratik For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 448, 307, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that informant alleges that Kundan and Neelam entered the house of the informant and assaulted Hema with rod and danda causing injury on her head, thereafter, it is alleged that the accused persons including the petitioner also assaulted the informant, his wife and his son. It is next submitted that petitioner and the informant are agnates, it is also submitted that there is a dispute relating to land and from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault is general and omnibus in nature, it is further submitted that even injury suffered by the

Patna High Court CR. MISC. No.19588 of 2024(2) dt.15-04-2024 2/2 informant, his wife and son is simple in nature. It is next submitted that similarly situated co-accused, Dipak Kumar along with five others had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 4062 of 2024 and the same was allowed by an order dated 15.02.2024, the learned counsel thus based on parity seeks anticipatory bail.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Bachhwara P.S. Case No. 92 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T