Dhananjay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32386 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- MANER District- Patna ====================================================== Dhananjay Rai (M), aged about 32 years, S/O Takal Rai @ Takal Ray, R/O Village- Patila, P.S- Maner, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar, Advocate For the Opposite Party :
Mr. Arun Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 151 of 2023 dated 18.02.2023 registered for the offences punishable under Sections 341, 323, 307, 324, 504 and 506/34 of the I.P.C.
3. As per the prosecution case, the petitioner alongwith the co-accused persons and 4-5 unknown persons were cutting the crops from the informant's field. On protest, they started abusing and assaulting him. The co-accused Snehi Rai and the petitioner gave a sickle blow to Sonu Kumar, who came to rescue the informant. The co-accused Takal Rai gave garasi blow on the head of the informant. The accused persons
Patna High Court CR. MISC. No.32386 of 2024(2) dt.23-05-2024 2/3 abused and assaulted the grand-son of the informant, who came to rescue and the co-accused Mukesh Rai threw him on the ground and tried to strangulate him with gamchha.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is land dispute between the parties. There is case and counter case also between the parties. It is further submitted that the both parties are the same residents and the petitioner's elder brother Snehi Rai has purchased a piece of land from Laddu Rai through a registered sale deed dated 04.12.1989 for which a Title Suit No. 459 of 2022 is pending in the learned court below between the parties.
It is further submitted that the doctor has found following injuries on the informant as (i) lacerated wound on the parietal region of the brain, size-11⁄2" length x1/4th" deep (breath) and (ii) Traumatic body pain, Ms- A mole on the face and the type of the injury is simple and the doctor has also found following injuries on Sonu Kumar (i) Lacerated wound on the occiputal region of the brain size- 11⁄2" length x 1/8th" deep (Breath) and (ii) Traumatic body pain Ms.- A mole on the face and the type of the injury is simple. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application.
Patna High Court CR. MISC. No.32386 of 2024(2) dt.23-05-2024 3/3
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Danapur in connection with Maner P.S. Case No. 151 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T