Bila @ Arayan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35919 of 2021 Arising Out of PS. Case No.-347 Year-2020 Thana- BIHAR District- Nalanda ====================================================== BILA @ ARAYAN RAJ, aged about 20 years (Male), Son of Sikendra Yadav, Resident of Mohalla - Baiganabad, P.S.- Bihar, District - Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Chandra, Advocate For the Opposite Party :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Bihar P.S. Case No. 347/2020, registered for the offence under Sections 147, 148, 149, 323, 325, 307 and 379 of the I.P.C.

The prosecution story, in brief, is that on 28.05.2020 at about 6.00 P.M., while the informant was sitting at his door alongwith one Ramanuj Kumar of his locality then all of sudden, his villagers having armed with deadly weapon and after forming an unlawful assembly came at his house and

Patna High Court CR. MISC. No.35919 of 2021(2) dt.24-05-2022 2/3 started abusing the informant. When the informant remonstrated then the petitioner Billa @ Arayan Raj hit on the informant's head with Iron rod with intention to kill due to which the informant has sustained injury on his shoulder and fell down. The accused persons also brutally assaulted him with Lathi and Danda. The reason behind the occurrence is that about seven days before this incident the accused persons had asked for the mobile number of the girl and his nephew (Bhagina) Rajnish did not give it to them.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. A petition has been filed by the informant in the learned court below where he has retracted from his earlier statement made in the F.I.R. The said petition made by the informant in the learned court below is Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of

Patna High Court CR. MISC. No.35919 of 2021(2) dt.24-05-2022 3/3 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Bihar P.S. Case No. 347 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T