Lalit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65874 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Lalit Rai, Son of Jalesh Rai, Resident of Village- Jaganiya, P.S.- Gaighat, District- Muzaffarpur.

... ... 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. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 353, 307 of the Indian Penal Code.

The prosecution case, in brief, is that when the police party reached at the village Jaganiya for execution of warrant of arrest, the accused persons including the petitioner surrounded the police party and started brick bating.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. A complaint case has been filed against the informant and other police officers for offence under Section 354 & other sections of

Patna High Court Cr.Misc. No.65874 of 2018(2) dt.31-10-2018 2/2 the Indian Penal Code for misbehaving with the female members in the village and in retaliation to the same, the present case has been instituted against the petitioner and others. There is no injury report in support of allegations made for the offence u/s.307 of the Indian Penal Code. The petitioner has been made accused in this case due to mistake of fact. Other co-accused have been granted anticipatory bail vide Cr.Misc.No.52639 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge 16thcum-A.C.J.M., Muzaffarpur in connection with Gaighat P.S. case No.148 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T