Bishwanath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49539 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Bishwanath Rai son of Late Ram Bilash Rai, Resident of VillageKrishnawara, P.S. - Patepur, District - Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the State : Mr. Anuj Kumar Srivastav, APP For the informant : Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks pre-arrest bail in connection with patepur P.S. Case No. 80 of 2015 registered under Sections 147, 148, 149, 323, 324, 379, 307, 447 and 504 of the Indian Penal Code.
It is contended that the present case has been instituted in retaliation to Patepur P.S. Case No.84 of 2015 dated 18.6.2015 registered under Sections 147, 149, 323, 324, 354, 379 and 427 of the Indian Penal Code. It is further contended that the parties are agnates and they reside in the same courtyard and the occurrence took place due to on-going land dispute between them. The injury
Patna High Court Cr.Misc. No.49539 of 2015 (2) dt.05-11-2015 2/2 report of the informant shows that he had sustained two injuries and both were simple in nature.
Learned counsel for the State and learned counsel for the informant have opposed the application filed on behalf of the petitioner.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No.80 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T