Praveen Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20875 of 2023 Arising Out of PS. Case No.-647 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
PRAVEEN RAY Son of Abadh Ray R/V- Tulsipur, P.S- Muffasil, DistBegusarai 2.
Pandev Ray son of Rajendra Ray R/V- Tulsipur, P.S- Muffasil, DistBegusarai 3.
Jaheli Tanti son of Ram Rshi Tanti R/V- Tulsipur, P.S- Muffasil, DistBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2023 Heard Mr. Raj Kumar Sinha, learned counsel for the petitioners and Mr. Umanath Mishra, learned Additional Public Prosecutor for the State.
2. Petitioners apprehend their arrest in connection with Mufassil PS Case No. 647/2018 dated 22.10.2018 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 504 of the IPC.
3. As per allegation made in the FIR, while the informant was sitting at her house on 02.10.2018 at about 9:00 AM, the accused persons altogether 20 in number arrived there with arms, weapons etc., and assaulted the informant and her family members. Petitioner No.1 assaulted the son of the
Patna High Court CR. MISC. No.20875 of 2023(2) dt.24-06-2023 2/3 informant, namely, Naresh with iron rod on his head and petitioner no.2 pressed his neck while petitioner no.3 assaulted another son of the informant, namely, Ram Chandar Rai with iron rod causing injury on his head.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to land dispute between the parties. He further submits that there is case and counter case between the parties inasmuch as side of the petitioners has lodged Mufassil PS Case No. 646/2018 against the side of the informant. He further submits that from perusal of the impugned order, it transpires that the bail application of the petitioners has been rejected on the ground that the injuries were found on the head of the victims. He next submits that nature of injury caused to the victims is not grievous.
5. Regards being had to the submissions made by the parties, taking into consideration that the injury report has not been produced by the prosecution and there is case and counter case between the parties, both the parties are co-villagers, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be
Patna High Court CR. MISC. No.20875 of 2023(2) dt.24-06-2023 3/3 released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Begusarai in connection with Mufassil PS Case No. 647/2018, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U