Ajeet Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30934 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

AJEET KUMAR RAI Son of Baleshwar Rai Resident of Village- Bajopur, P.S.- Mansoor Chak, District- Begusarai (Bihar). 2.

Ramadhar Rai Son of Rasbihari Rai Resident of Village- Bajopur, P.S.- Mansoor Chak, District- Begusarai (Bihar).

3.

Baleshwar Rai Son of Rasbihari Rai Resident of Village- Bajopur, P.S.- Mansoor Chak, District- Begusarai (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Advocate.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2022 Heard Mr. Nakul Kumar Jamuar, learned Advocate for the petitioners and Mr. Ram Naresh Ray, learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mansoorchak P. S. Case No. 41 of 2020 instituted for the offences under Sections 341, 323, 325, 354(B), 504, 506 and 308/34 of the Indian Penal Code. The petitioner no.1 is said to have assaulted the nephew of the informant who, according to the learned counsel for the petitioners, has not been injured, as there is no injury report of him available in the police papers. The petitioner nos.

Patna High Court CR. MISC. No.30934 of 2021(2) dt.18-01-2022 2/3 2 and 3 are said to have assaulted the wife of the informant and informant respectively. The wife of the informant has received simple injury. Though petitioner no.3 is alleged to have attempted to hit the informant on his head, but as good luck would have it, he was hit in his leg with injury in the nature of swelling. However the assessment of the injury has not been done pending further medical investigation.

The parties are agnates and there is an earlier case which the learned counsel for the petitioners has referred to in Para-7 of the bail petition as being the motive of falsely implicating the petitioners in the present case. The aforesaid case is Mansoorchak P.S. Case No.40 of 2020 instituted for the offence under Section 308 and other Sections of the IPC lodged by petitioner no.1.

Considering the afore-noted background facts and taking into account that the parties had clashed amongst themselves because of the earlier dispute, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.30934 of 2021(2) dt.18-01-2022 3/3 the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Mansoorchak P. S. Case No. 41 of 2020 , subject to the condition as laid down under Section 438

(2) Cr. P.C.

The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T