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Patna High CourtCR. MISC./48809/2021dismissed

Ranjit Rai v. The State Of Bihar

2022-04-26Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48809 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== 1.

Ranjit Rai S/o Mahindra Rai R/o Village-Sahpur Shitalpatti, P.S Sahiyara, District Sitamarhi.

2.

Vishnukant Rai @ Vishukant Rai S/o Dinkar Rai R/o Village-Sahpur Shitalpatti, P.S-Sahiyara, District-Sitamarhi. 3.

Rajesh Rai S/o Vijay Rai R/o Village-Sahpur Shitalpatti, P.S-Sahiyara, District-Sitamarhi.

4.

Fulgen Rai S/o Jaleshwar Rai R/o Village-Sahpur Shitalpatti, P.S-Sahiyara, District-Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sahiyara P.S. Case No.50 of 2020, registered for the offences punishable under Sections 341, 323, 354, 504 and 34 of the Indian Penal Code.

The informant alleged that on 22.05.2020 at about 9.30 in the morning when his father was watering plants, the petitioners along with other co-accused persons came variously armed with different weapons and started abusing and assaulting

Patna High Court CR. MISC. No.48809 of 2021(2) dt.26-04-2022 2/3 him. When the informant tried to save his father, the petitioners and other co-accused persons also assaulted him. Ranjit Rai is said to have assaulted his father by means of lathi on his head causing injury on his head. Vishnukant Rai is said to have assaulted his father on his head by means of iron rod causing injury in his eye. Fulgen Rai assaulted his father on the left leg. Thereafter Rajesh Rai assaulted the father of the informant on his leg causing fracture injury. When the mother of the informant came to save the father of the informant, the accused persons also assaulted her.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph 3 of the bail application. It is also submitted that there is case and counter case between the parties and there is land dispute between the parties.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioners and submits that one of the injuries is grievous in nature.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail.

Patna High Court CR. MISC. No.48809 of 2021(2) dt.26-04-2022 3/3 Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T