Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27840 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Dilip Rai son of Late Ram Parikshan Rai Village- Mallikpur Ps- Raghopur Dist- Vaishal 2.

Ram Pravesh Rai son of Late Ram Jagdish Rai Village- Mallikpur PsRaghopur Dist- Vaishali 3.

Sunil Rai son of Ram Pravesh Rai Village- Mallikpur Ps- Raghopur DistVaishali 4.

Anil Rai son of Ram Pravesh Rai Village- Mallikpur Ps- Raghopur DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Soban Asghar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 341, 323, 325, 307, 379, 504 506 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 17.10.2023 at 12 noon, all the F.I.R. named accused persons including these petitioners, armed with lathi, danda, farsa on account of land dispute, abused and assaulted informant and his family members.

Patna High Court CR. MISC. No.27840 of 2024(4) dt.06-08-2024 2/3

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case with general and omnibus allegation of assault. Specific allegation of causing assault is against other co-accused persons. As a matter of fact, the present case has been lodged only with a view to put pressure on the petitioners to withdraw the case i.e. Roghopur P.S. Case No. 255 of 2023, which has been lodged by petitioner no. 1 against informant and others. Learned counsel further submits that there is delay of 9 days in lodging the present F.I.R. The injury, allegedly caused by petitioners, are simple in nature. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the nature of injury and clean antecedent of petitioner, the prayer for anticipatory bail of petitioners is allowed.

7. In the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on 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 Magistrate 1st Class, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 256 of

Patna High Court CR. MISC. No.27840 of 2024(4) dt.06-08-2024 3/3 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T