Binod Rai @ Vinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38826 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

BINOD RAI @ VINOD RAI aged about 34 years, Male, 2.

Udeshi Rai @ Udesh Yadav, aged about 29 years, Male, Both Sons of Bhikhari Rai Resident of Village- Shankar Saraiya, P.S.- Turkauliya, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sharad Kr. Verma, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, A.P.P.

For the informant :

Mr. Ravi Prakash Dwivedi, Advocate Mr. Jitendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as also learned counsel for the informant.

The petitioners are seeking anticipatory bail in connection with Turkauliya P.S. Case No. 42 of 2019 registered under Sections 188, 341, 323, 387, 504, 506 of the Indian Penal Code.

The prosecution case in brief is that when the informant went on his land he saw that petitioners along with others were constructing house from east side of the road and when the informant asked to stop the construction work, the accused persons assaulted him by means of fists and slaps. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.38826 of 2019(3) dt.20-09-2019 2/2 petitioners have been falsely implicated in this case. There is no specific allegation of assault against the petitioners and no injury has been caused and the dispute being that of land dispute.

Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for anticipatory bail of these petitioners.

Considering the facts and circumstances of the case wherein there is no specific allegation of assault against the petitioners and no injury has been caused by them and the dispute being that of land dispute, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 42 of 2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T