Dinesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27884 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== DINESH RAY son of Baleshwar RAy Village Po- Maricha Ps- Tajpur DistSamastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shilpi Keshri, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Tajpur (Halai) P.S. Case No.- 564 of 2022 registered for the offences punishable under Sections 147, 148, 447, 341, 323, 324, 307, 354B, 504, 506 of the Indian Penal Code. He has got no criminal antecedent. Learned counsel for the petitioner submits that on 22.11.2022, the petitioner assaulted the informant with an iron rod on his head, causing injury on his head. The nature of the injury is simple. When the informant's wife came to rescue him, she also got beaten and disrobed by them.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is a land dispute between the

Patna High Court CR. MISC. No.27884 of 2023(2) dt.07-07-2023 2/3 petitioner and the informant and the allegations leveled against the petitioner is only concocted.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein it is submitted that there is a land dispute between the petitioner and the informant and the allegations leveled against the petitioner is only concocted and the alleged injury is simple in nature as observed in the impugned order also and that the petitioner has no criminal antecedent, hence, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be enlarged on bail in connection with Tajpur (Halai) P.S. Case No.- 564 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of

Patna High Court CR. MISC. No.27884 of 2023(2) dt.07-07-2023 3/3 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T