Ashok Rai @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15635 of 2016 Arising out of PS.Case No. -69 Year- 2015 Thana -SAHPUR District- PATNA ====================================================== Ashok Rai @ Ashok Kumar, Son of Ram Nath Rai, R/o Mobarakpur Kirishi Farm, P.S. Shahapur, District Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2016 A supplementary affidavit has been filed, let it be kept on the record.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 69 of 2015 for the offences instituted under Sections 341, 323, 324, 447, 448, 307, 379 and 504/34 of the IPC.
The prosecution story, in brief, is that on 16.04.2015 at 7.30 P.M. in the night, when the informant was in his house, the accused persons came with the weapons and they started abusing and assaulting the informant's brother. When the informant
Patna High Court Cr.Misc. No.15635 of 2016 (2) dt.13-05-2016 2/3 prohibited them to do so, they started abusing and assaulting. Petitioner assaulted the informant with Iron rod and the informant got injured. Mantu Kumar assaulted the informant's nephew. Dharmendra Kumar snatched ear-ring of the informant's wife and Mantu Kumar took away Rs. 10,000/- from the box of the informant.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. It is a case and counter case between the parties. Both the parties are agnates and there is an admitted land dispute between the parties. The other co-accused has been granted anticipatory bail by this Court vide Cr. Misc. No. 14354/2016.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Shahpur P.S. Case No. 69/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Danapur, Patna, subject to the conditions as
Patna High Court Cr.Misc. No.15635 of 2016 (2) dt.13-05-2016 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T