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Patna High CourtCR. MISC./26163/2023bail granted

Anutha Rai @ Anutha Kumar @ Jitendra Rai @ Jitendra Kumar v. The State Of Bihar

2023-07-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26163 of 2023 Arising Out of PS. Case No.-166 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== ANUTHA RAI @ ANUTHA KUMAR @ JITENDRA RAI @ JITENDRA KUMAR S/O RAMANAND RAI Resident of Village- Samanpur, P.S.- Kundwa Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 147, 149, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

Prosecution case, in brief, is that on account of petty dispute, all the accused persons named in the FIR abused and assaulted with lathi-danda. It is further alleged that they also assaulted the brother of the informant with gadasa and one of the accused snatched cash and gold chain from the neck of the brother of the informant.

It is submitted on behalf of the petitioner that he has falsely been implicated in this case because of the pre-existing land dispute between the parties. Police after investigation

Patna High Court CR. MISC. No.26163 of 2023(2) dt.13-07-2023 2/2 submitted final form against this petitioner. The allegation of assault is general and omnibus in nature. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned 10th A.C.J.M.-IIIrd at Sikrahana, East Champarana, Motihari in connection with Kundwa Chainpur P.S. Case No.166 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T