Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39722 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== SUBHASH RAI S/O LATE HAJARI RAI Resident of Village- Mangalpur, P.S.- Dumariya Ghat, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that on account of dispute relating to land Manoj Rai assaulted by farsa causing injury on the head of his father thereafter petitioner assaulted by Dab causing injury on the head of Nawal Rai and Ashok Rai assaulted Guddu Kumar by Tangari causing injury on his head and thereafter all accused assaulted him. Pawan Kumar snatched his watch and Brajesh Kumar

Patna High Court CR. MISC. No.39722 of 2022(2) dt.07-12-2022 2/2 took out Rs.2,000/- from his pocket.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that there is dispute between the parties and even presuming what has been alleged is true without admitting for the purposes of anticipatory bail the injuries are simple in nature which amply demonstrates that the petitioner never had any intention of committing a serious occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Dumariyaghat P.S. Case No. 96 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T