Bipin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39529 of 2023 Arising Out of PS. Case No.-88 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== BIPIN RAI S/O RAM SURAT RAI R/O Village- Chamtha Number, Ward No.04, PS. Bacchwara, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

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

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 308 and other allied Sections of the Indian Penal Code.

3.

Allegedly, the petitioner along with other co-accused persons brutally assaulted the informant due to which he sustained injuries.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the petitioner assaulted the informant on his head by means of iron rod but the

Patna High Court CR. MISC. No.39529 of 2023(2) dt.08-08-2023 2/2 injury is of simple nature. There is a case and counter-case between the parties. The petitioner and the informant are own brothers and there is an admitted land dispute between them. He further submits that the petitioner has been granted benefit of Section 41(A) of the Cr.PC. Petitioner has one 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 no specific overt act against the petitioner and there is a land dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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 Bachhwara P.S. Case No.88 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T