Bhadu Rai @ Badhu Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18997 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Bhadu Rai @ Badhu Roy S/o Naresh Rai Resident of Village- Ratanpur, P.S.- Piprakothi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2023 Heard Mr. Kundan Rathore @ Kundan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kumar Veerendra Narayan, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No. 01 of 2023 registered under Sections 341, 323, 379, 385, 308, 504 and 506 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the parties entered into fierce fight due to overtaking of the pickup van by the petitioner. In the same incidence, the informant sustained injury in his mouth, nose and eyes. The allegation is also of snatching Rs. 30,000/- and articles worth Rs. 15,000/-.

4. Learned counsel appearing on behalf of the petitioner submits that the parties are known to each other and

Patna High Court CR. MISC. No.18997 of 2023(2) dt.15-06-2023 2/2 are on inimical terms and in a false case, petitioner has been made accused allegedly on the ground that he has assaulted the informant who sustained injury allegedly on the vital part of his body. He has referred injury report (Annexure-2) to suggest that the injury is simple in nature.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Having considered the nature of allegation made against the petitioner in the F.I.R as well as the injury report, it is found that the injury sustained by the informant is simple in nature, the petitioner, above named, is directed to be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 01 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Mantreshwar/- minu/- U T