Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34116 of 2019 Arising Out of PS. Case No.-734 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== ARVIND RAI Son of Sukdev Rai Resident of Village - Chilraon, P.S.- Turkaulia, District- East Champaran............................. ... Petitioner/s

Versus

THE STATE OF BIHAR...................................... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Turkaulia P.S. Case No. 734 of 2018, registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Over land dispute six named accused persons including petitioner and 5 unknown miscreants assaulted the informant and his other family members by means of lathi, Farsa, rod and Bhala. Petitioner assaulted the informant by means of Lathi.

It is submitted by the learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute and animosity. As a matter of fact, mother of co-accused Surendra Yadav has lodged a case bearing Turkaulia P.S. Case No. 733 of

Patna High Court CR. MISC. No.34116 of 2019(2) dt.13-08-2019 2/2 2018 against the informant and others earlier to the case under hand and to save skin from the said case informant has lodged this false and frivolous case against the petitioner and others. Only allegation levelled against the petitioner is of assaulting the informant by means of lathi but part of person selected for assault has not been mentioned in the written report. He has no criminal antecedent.

On the other hand, learned A.P.P. for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case No.734 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T