Jatan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33677 of 2024 Arising Out of PS. Case No.-1002 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Jatan Rai S/o Lal Bahadur Rai R/o vill - Jaishingpur Chilraw, p.s. - Turkauliya, Distt. - East Champaran 2.

Ratan Rai S/o Lal Bahadur Rai R/o vill - Jaishingpur Chilraw, p.s. - Turkauliya, Distt. - East Champaran 3.

Rahul Kumar S/o Dayal Rai R/o vill - Jaishingpur Chilraw, p.s. - Turkauliya, Distt. - East Champaran 4.

Dilip Kumar S/o Dayal Rai R/o vill - Jaishingpur Chilraw, p.s. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Turkauliya P.S. Case no. 1002 of 2023 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 447, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, co-accused persons along with the petitioners assaulted the informant's brother,

Patna High Court CR. MISC. No.33677 of 2024(3) dt.02-07-2024 2/3 namely, Dhamu Kumar and Fulena Rai due to which they sustained injuries. The reason behind this as alleged occurrence is said to be land dispute.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. Allegation against the petitioner namely Dilip Rai is that he assaulted Dhamu Kumar by means of sword on his leg and the same is not on vital part of the body. Allegation against other petitioners is that they assaulted Fulena Rai due to which he sustained injuries but from perusal of injury report, the nature of injury is simple caused by hard and blunt substance. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Turkauliya P.S. Case no. 1002 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) on each of them with two

Patna High Court CR. MISC. No.33677 of 2024(3) dt.02-07-2024 3/3 sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shubham/- U T