Rajeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25765 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Rajeshwar Rai Son Of Late Shyamrathi Rai Resident Of Village-Mujiyan, P.S.-Kudra, District-Kaimur At Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 149, 341, 323, 307 of the Indian Penal Code.

As per the prosecution case, it is alleged that the petitioner along with other accused persons, having armed with lathi and iron rod, intercepted the informant and inflicted injury on his head and other parts of his body.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner, there is specific allegation against co-accused Surendra Rai, who

Patna High Court CR. MISC. No.25765 of 2023(2) dt.12-07-2023 2/2 assaulted the informant and the injury was found grievous in nature. He further submits that there is admitted land dispute between the parties and there is case and counter case between the parties. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, 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 connection with Kudra P.S. Case No. 272 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T