Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25593 of 2022 Arising Out of PS. Case No.-233 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

NARESH RAI Son of Dwarik Rai Resident of Village - Kharika Dih, P.S.- Minapur (Panapur O.P), Distt.- Muzaffarpur.

2.

PANKAJ RAI Son of Naresh Rai Resident of Village - Kharika Dih, P.S.- Minapur (Panapur O.P), Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani, Adv For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners 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 petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 307, 379, 504 and 506/34 of the IPC.

Allegedly, the petitioners along with other accused persons assaulted the informant's side by means of several weapons due to which they sustained injuries.

Patna High Court CR. MISC. No.25593 of 2022(2) dt.31-08-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. 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. Both the petitioners and informant are agnates. In the alleged occurrence, both sides sustained injuries and the injuries are simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is a land dispute between the parties, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Minapur P.S. Case No.233 of 2021,

Patna High Court CR. MISC. No.25593 of 2022(2) dt.31-08-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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