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Patna High CourtCR. MISC./21560/2022allowed

Rajlal Rai @ Rajnarayan Rai v. The State Of Bihar

2022-08-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21560 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- KANHAULI District- Sitamarhi ====================================================== RAJLAL RAI @ RAJNARAYAN RAI son of Late Bishnu Rai Resident of Village - Murhadih, P.S.- Kanhauli, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 324, 427, 354(B), 379, 504, 506 and 34 of the Indian Penal Code. Allegedly, the petitioner along with other accused persons tried to break the residential house of the petitioner and on objection they assaulted and abused the informant's side by means of deadly weapons due to which they sustained injuries.

Patna High Court CR. MISC. No.21560 of 2022(2) dt.24-08-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties and both sides are agnates. In the alleged occurrence both side sustained injuries and the injuries are simple in nature. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a land dispute between the parties and the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Kanhauli P.S. Case No.112 of

Patna High Court CR. MISC. No.21560 of 2022(2) dt.24-08-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T