Awadhesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45423 of 2022 Arising Out of PS. Case No.-878 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Awadhesh Rai, Son of Laxman Rai @ Ramlaxman Rai @ Ram Laxman Prasad Yadav @ Laxman Yadav, Resindent of Village - Parsauna, P.s.- Turkauliya, Distt.- East Champaran.

2.

Ramlaxman Rai @ Ram Laxman Prasad Yadav @ Laxman Yadav Son of not mention Resindent of Village - Parsauna, P.s.- Turkauliya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 At the outset, learned counsel for the petitioner seeks permission to withdraw this application with respect to petitioner No. 2, Ramlaxman Rai.

Permission accorded.

This application is dismissed as withdrawn with respect to the above named petitioner No. 2.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioner No. 1 apprehends arrest in a case registered for the offences punishable under Sections 341, 327, 506,

Patna High Court CR. MISC. No.45423 of 2022(3) dt.13-03-2023 2/3 427/34 and other allied sections of Indian Penal Code. As per prosecution case, there was demand of Rs. 3,00,000/- as ransom from the informant by the other accused persons including this petitioner and they also assaulted the informant's driver by means of lathi and bhala. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is general and omnibus allegation of assault against the petitioner and no specific overt act has been alleged against him. It is further submitted that similarly situated co-accused Uday Yadav has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 29.11.2022 passed in Cr. Misc. No. 36691 of 2022. Petitioner claims clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner No. 1 in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari om Turkauliya P. S. Case No. 878 of 2021, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.45423 of 2022(3) dt.13-03-2023 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T