Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39481 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

SURENDRA RAI SON OF LATE SARJUG RAI RESIDENT OF VILLAGE- MAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN 2.

RAJU RAI SON OF BHUNATH RAI RESIDENT OF VILLAGEMAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN 3.

JITENDRA KUMAR SON OF BHUNATH RAI RESIDENT OF VILLAGE- MAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN 4.

SANTOSH KUMAR SON OF LATE ANSARI RAI @ LATE ASHARFI RAI RESIDENT OF VILLAGE- MAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN 5.

BABLU KUMAR SON OF LALBABU RAI RESIDENT OF VILLAGEMAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN 6.

LAWKESH KUMAR SON OF LALBABU RAI RESIDENT OF VILLAGE- MAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN 7.

BHUNATH RAI SON OF LATE SARJUG RAI RESIDENT OF VILLAGEMAJHAULI, PS- PAKARIDAYAL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 354, 427 and other allied Sections of the Indian Penal Code.

3.

Allegedly, the petitioners and other co-accused persons, lashed with various weapons, surrounded the informant and

Patna High Court CR. MISC. No.39481 of 2023(2) dt.08-08-2023 2/3 brutally assaulted him and his family members. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. He submits that though there is a specific allegation against the petitioner no.1 to assault the informant but no there is no injury on record. He further submits that both the sides are agnates and there is a land dispute between them. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is an admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.39481 of 2023(2) dt.08-08-2023 3/3 court below where the case is pending/Successor Court in connection with Pakaridayal P.S. Case No.14 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T