Kishore Rai @ Raj Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22196 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- MAKER District- Saran ====================================================== 1.

Kishore Rai @ Raj Kishore Rai 2.

Arjun Rai Both Sons of Ramnath Ray Resident of Village- Badhichak, P.S.- Maker, Dist.- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arjun Rai Ramnath Ray Village Badhichak Police station Maker District Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. Learned counsel for the petitioners after some argument seek permission to withdraw the anticipatory bail application with respective to petitioner no.1 (Kishore Rai @ Raj Kishore Rai).

3. Permission is accorded.

4. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.1.

Patna High Court CR. MISC. No.22196 of 2024(2) dt.18-04-2024 2/3

5. The rest petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the IPC.

6. It is next submitted that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that on account of dispute relating to to construction of boundary the alleged occurrence is said to have taken place when both side assaulted each other.

7. It is next submitted that Arjun Rai is alleged to have assaulted Bhishm Prasad Yadav by brick causing injury on head, but then the injury suffered by Bhishm Prasad Yadav is simple in nature. It is also submitted that from side of the petitioners also, people suffered injury.

8. The learned APP opposes the anticipatory bail application.

9. 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 Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.22196 of 2024(2) dt.18-04-2024 3/3 satisfaction of the learned A.C.J.M., XIII, Saran at Chhapra in connection with Maker P.S. Case No.199 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

10. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T