Achlal Rai @ Aslal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38573 of 2024 Arising Out of PS. Case No.-255 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Achlal Rai @ Aslal Rai Son of Dhurav Rai Resident of village - Balwan Tola, P.S.- Doriganj, District - Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Malti Kumari, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that the accused persons including the petitioner were destroying his pumpkin field and when the same was objected, the accused persons including the petitioner assaulted the informant and his son by sharp weapon causing injury. It is next submitted that on account of dispute relating to cutting of pumpkin, the present occurrence is alleged to have taken place in which both sides have assaulted each other. It is also submitted that even the injury suffered by the injured is simple in nature caused by hard and blunt substance. It is also submitted that there is no specific allegation of assaulting in the

Patna High Court CR. MISC. No.38573 of 2024(2) dt.31-08-2024 2/2 alleged occurrence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with G.R. No. 2504 of 2023 arising out of Koilwar P.S. Case No. 255 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

6. At this stage, learned counsel for the petitioner submits that inadvertently at para 3 of the bail petition, the description of other co-accused have been given for which a supplementary affidavit has been filed rectifying the said part of the pleading.

(Satyavrat Verma, J) annpurna/- U T