Rama Nand Rai @ Ramanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72256 of 2018 Arising Out of PS. Case No.-48 Year-2013 Thana- ANGARGHAT District- Samastipur ====================================================== Rama Nand Rai @ Ramanand Rai, Son of Sri Ram Bali Rai @ Rambali Rai, Resident of Village- Suryatand, P.S.- Angarghat, District- Samastipur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar No 13, and Mr. Rohit Kumar, Advocates.

For the Opposite Party :

Mr. Akshay Lal Pandit, A.P.P. -75.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 324, 307, 379, 448, 504 and 506 of the IPC.

The prosecution story, in brief, is that on the point of constructing house, petitioner Ramanand Rai entered in the house of informant, caught him and started assaulting with Lathi indiscriminately as a result of which, he sustained injury. In the meantime, co-accused Shyam Kumar Rai with an intention to kill him inflicted Farsa blow on his head thereby he received cut injury on his head and blood is oozing out. Coaccused Shanti Devi mother of informant, came to save him, accused persons assaulted his mother also by means of illegible

Patna High Court Cr.Misc. No.72256 of 2018(2) dt.06-12-2018 2/2 Lathi and took out golden chain from her neck, It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-2, Dalsingsarai, in connection with Angarghat P.S. Case No. 48 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T