Indad Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37740 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== INDAD RAI Son of Vakil Rai Resident of village - Sirhira, P.S. - Chand, Distt. - Kaimur at Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 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, 448, 323, 307, 337, 338, 427, 435, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is said to have assaulted husband of the informant upon his head by means of lathi.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner, there is
Patna High Court CR. MISC. No.37740 of 2023(2) dt.31-07-2023 2/2 specific allegation against co-accused Anil Rai, who assaulted husband of the informant upon his leg, causing fracture of his leg. He further submits that the injury on the head of the husband of the informant was found simple in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chand P.S. Case No. 184 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T