Ram Balak Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29905 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== RAM BALAK RAI S/o Ram Narayan Rai Resident of Village- Pachnaur, P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

This application, for grant of anticipatory bail, arises out of Belsand Police Station Case No. 58 of 2020, registered for the offence punishable under Sections 448/323/307/504/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner, along with other accused persons, 12 in numbers, entered into the house of the informant and assaulted him by means of lathi and danda, due to which the informant sustained head injury.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to the

Patna High Court CR. MISC. No.29905 of 2020(2) dt.18-12-2020 2/3 dispute relating to the passage between the parties. He further submits that both the parties are agnates. He further submits that no serious injury has been found on the person of the informant and there is general and omnibus allegation against the petitioner.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are agnates, there is previous land dispute between the parties and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Belsand Police Station Case No. 58 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social

Patna High Court CR. MISC. No.29905 of 2020(2) dt.18-12-2020 3/3 distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √