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Patna High CourtCR. MISC./38254/2023bail rejected

Vinod Rai v. The State Of Bihar

2023-09-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38254 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Vinod Rai Son Of Kameshwar Rai Phulwaria @ Phulabriya, Ps- Sahiyara, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar,Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP Mr.Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 341, 324, 325, 307, 448, 354(B), 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, on 12.01.2023, while the informant was in his field, the petitioner alongwith coaccused Manoj Rai arrived there and started abusing him and on protest, co-accused Manoj Rai caught hold of informant and this petitioner assaulted on his head by means of Katta. He also assaulted informant on his legs. It is further alleged that when wife and son of informant came to save informant, they were also assaulted with lathi, due to which, hands of informant's wife got fractured.

4. It is submitted on behalf of petitioner that petitioner

Patna High Court CR. MISC. No.38254 of 2023(4) dt.18-09-2023 2/2 has been falsely implicated in this case. Informant is none else but uncle of petitioner and only due to land dispute, this false and concocted case has been lodged. Petitioner has got clean antecedent.

5. However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner that he assaulted on the head of informant by means of Katta and thereafter, he also assaulted on other parts of his body.

6. Considering the nature of accusation and multiple injuries caused to informant, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T