Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60425 of 2024 Arising Out of PS. Case No.-577 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Suresh Rai Son Of Ram Sagar Ray Village- Sri Rampur, Ps- Hajipur Sadar, Dist- Vaishali 2.

Chandan Kumar @ Chandan Rai Son Of Suresh Rai Village- Sri Rampur, Ps- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, on account of land dispute between the parties, on the order of petitioner No. 1, co-accused Dipak Raj inflicted hasua blow on the informant causing him injuries on the neck, ear pit and left hand.

4. Learned counsel for the petitioners submits that both parties are gotiyas and due to land dispute, a free fight took place between them in which both sides sustained injuries. Case

Patna High Court CR. MISC. No.60425 of 2024(3) dt.10-01-2025 2/2 and counter case. No allegation of overt act is alleged against these petitioners and petitioner No. 1 is only alleged to be the order giver. It is further submitted that co-accused Dipak Raj has already been granted anticipatory bail by this Hon'ble Court vide order dated 08.05.2024 passed in Cr. Misc. No. 79354 of 2023. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P. S. Case No. 577 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T