Laxhman Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42698 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== LAXHMAN RAY Son of Late Gyanchand Rai Resident of village - Bejha Dih, Ward No.2, P.S.- Samastipur Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State, assisted by learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 302, 504 and 120B of the Indian Penal Code, registered in connection with Samastipur Muffasil P.S.Case No. 49 of 2021. As per the allegation, previous land dispute was going on between the parties. Four accused persons named in the FIR including the petitioner called the informant's father to

Patna High Court CR. MISC. No.42698 of 2021(2) dt.19-07-2022 2/3 settle the land dispute. When he went, the accused persons started assaulting his father. When the brother of the informant went to the house of the petitioner to rescue his father, the accused persons started assaulting him with lathi, danda and khanti etc. Co-accused Ravi Ranjan Kumar inflicted rod and khanti blow on the head of Ranjay Kumar, brother of the informant. Thereafter, co-accused Pawan Kumar and two unknown persons assaulted the informant with fists and slaps. Ranjay Kumar died during the course of treatment. The learned counsel for the petitioner has submitted that there is specific allegation on the petitioner to inflict assault on the person of the deceased. He has submitted further that coaccused Pawan Ray @ Pawan Kumar Ray has been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc. No. 42530 of 2021. He has also submitted that the petitioner is 72 years old having no criminal antecedents.

Per contra, the learned counsel for the informant has submitted that the case of Pawan Ray @ Pawan Kumar Ray who has been granted anticipatory bail by a coordinate Bench of this Court, cannot be equated with the present petitioner, since he was amongst the four persons who assaulted the deceased. He has submitted further that the petitioner was amongst the

Patna High Court CR. MISC. No.42698 of 2021(2) dt.19-07-2022 3/3 accused persons who called the father of the informant on the pretext of settling the land dispute already going on between the parties.

Considering the above facts and circumstances, the petitioner does not deserve the privilege of anticipatory bail. His prayer for anticipatory bail is hereby rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T