Karu Rai @ Karu Ray @ Dagar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39323 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Karu Rai @ Karu Ray @ Dagar Rai Son of Late Harihar Rai, Resident of village - Ranisarai, P.S.- Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Akshansh Ankit, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 182 of 2023 corresponding to G.R. No. 865 of 2023 dated 06.05.2023, lodged under Sections 341, 323, 504, 365 & 34 of the Indian Penal Code.

4. The present F.I.R. has been lodged against one named and three unknown accused persons. As per prosecution case the informant has land dispute with the petitioner and with a view to sale the land they met at the previous night at about 09.00 p.m. and made a plan to sale the land. It has been alleged that at the house of a nearby Karu Rai @ Dangar Rai three

Patna High Court CR. MISC. No.39323 of 2023(2) dt.07-07-2023 2/3 persons started beating the informant and forcefully kept him in a Hawaigadi (E-rickshaw), in the meantime patrolling car reached and life of informant could be saved.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that from the contents of F.I.R., informant himself admits that there is a land dispute. He also submits that there is no specific allegation of kidnapping against the present petitioner. Learned counsel further submits that from the bare reading of F.I.R., no offence is made out against the petitioner. Learned counsel submits that antecedent of petitioner is clean, he is in custody since 07.05.2023 and charge sheet has already been filed in this case.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh in connection with Bakhtiyarpur P.S. Case No. 182 of 2023 corresponding to G.R. No. 865 of 2023, subject

Patna High Court CR. MISC. No.39323 of 2023(2) dt.07-07-2023 3/3 to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T