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Patna High CourtCR. MISC./52655/2023allowed

Raj Kishor Rai v. The State Of Bihar

2023-08-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52655 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Raj Kishor Rai Son Of Late Ram Kripal Rai Resident Of Village- Vanshi Tarouni, Ps- Dhamdaha, Dist- Purnia 2.

Nand Kishor Rai Son Of Late Ram Kripal Rai Resident Of Village- Vanshi Tarouni, Ps- Dhamdaha, Dist- Purnia 3.

Awadhkishor Rai Son Of Late Ram Kripal Rai Resident Of Village- Vanshi Tarouni, Ps- Dhamdaha, Dist- Purnia 4.

Suman Kumar @ Chiku Son Of Nandkishor Rai Resident Of Village- Vanshi Tarouni, Ps- Dhamdaha, Dist- Purnia 5.

Sarita Devi Wife Of Awadh Kishor Rai Resident Of Village- Vanshi Tarouni, Ps- Dhamdaha, Dist- Purnia 6.

Neela Devi Wife Of Nand Kishor Rai Resident Of Village- Vanshi Tarouni, Ps- Dhamdaha, Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307, 354(B), 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners along with other co-accused persons are said to have assaulted the informant and her family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.52655 of 2023(2) dt.30-08-2023 2/2 case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that there is admitted land dispute between the parties. He further submits that the injuries found upon the victims are simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is admitted land dispute between the parties and injuries found upon the victims are simple in nature, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dhamdaha P.S. Case No.33 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T