Sanoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1965 of 2018 Arising Out of PS. Case No.-155 Year-2017 Thana- GAURICHAK District- Patna ====================================================== Sanoj Rai, Son of Naresh Rai, Resident of Village- Bakar Chak, P.S.- Gauri Chak, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 447, 427, 384, 304 and 506 of the Indian Penal Code.

The prosecution case as per the written report of the informant Lala Rai, submitted to the Station House Officer of Gaurichak Police Station is to the effect that the agnates of the informant including the petitioner and 35 persons variously armed entered into the land of the informant with tractor bearing Registration No. BR-01 GC-5570 and damaged the crop worth

Patna High Court Cr.Misc. No.1965 of 2018(2) dt.16-01-2018 2/3 Rs.2,50,000/-. It is further alleged that Nand Kishore Rai, Guddu Rai, Sujit Rai and Arun Rai abused the informant and demanded Rs.25000/- as extortion.

It is submitted by learned counsel for the petitioner that the petitioner is agnate of the informant and due to the land dispute, the accusation has been levelled against the mob. The accusation is not specific against the petitioner. Moreover, the tractor in question has not been registered in the name of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by Mr. J. Thakur, learned APP for the State that the petitioner is named in the FIR.

Considering the accusation against the mob when no injury was caused to anyone, moreover the accusation is arising out of the land dispute between the parties coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent., let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patna City, Patna

Patna High Court Cr.Misc. No.1965 of 2018(2) dt.16-01-2018 3/3 in connection with Gaurichak P.S. Case No. 155 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T