Nitesh Kumar Rai @ Nitesh Kumar @ Neetish Kumar Ray @ Neetish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38895 of 2022 Arising Out of PS. Case No.-794 Year-2021 Thana- MAHUA District- Vaishali ====================================================== NITESH KUMAR RAI @ NITESH KUMAR @ NEETISH KUMAR RAY @ NEETISH KUMAR Son of Late Ravindra Rai R/O Village - Khatari Chowk, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 447, 323, 324, 307, 325 of IPC.

Allegedly, the petitioner alongwith other co-accused persons assaulted the informant and his family by means of several weapons due to which they sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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

Patna High Court CR. MISC. No.38895 of 2022(4) dt.29-11-2022 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. The is an admitted land dispute between the parties. There is a case and counter-case between the parties and both sides have sustained grievous injuries. Petitioner has one criminal antecedent.

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

Having regard to the facts and circumstances of the case, since there is a case and counter case between the parties and both sides have sustained grievous injuries, 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 Mahua P.S. Case No.794 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