Bhikhari Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53934 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== 1.
BHIKHARI RAI SON OF RUPAN RAI R/V- AMBAKALA, P.S.- PIPRAHI, DISTT.- SHEOHAR 2.
AMOD RAI SON OF RUPAN RAI R/V- AMBAKALA, P.S.- PIPRAHI, DISTT.- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Piprahi P.S. Case No. 192 / 2023 dated 17.08.2023 registered under Sections 341, 323, 448, 354, 379, 504, 506, 34 of the I.P.C.
3. As per the First Information Report on 17.08.2023 the son of the informant was cultivating his filed and during the course of cultivation the front wheel of the tractor crossed over the filed of Amod Rai (accused). It has further been alleged that on account of previous enmity he started assaulting the informant's son with "lathi" and "danda" and upon noise when the informant and her husband arrived at the place of occurrence
Patna High Court CR. MISC. No.53934 of 2024(2) dt.31-08-2024 2/3 they were also assaulted by "lathi" and "danda". The accused persons also snatched Rs. 26000/- from the pocket of the informant's husband and a golden chain worth about Rs. 90,000/-
4. Learned counsel for the petitioners submits that from perusal of the First Information Report it would be evident that there was previous land dispute between the parties. During the course of investigation the petitioners were given advantage of Section 41(1) Cr.P.C. by the Police however charge sheet has been submitted and they have apprehension that they may be taken into custody. The injury caused to the husband of the informant is simple in nature as would be evident from the impugned order itself.
5. Regard being had to the submission made by the parties, taking into consideration the fact that there was land dispute between the parties, informant's husband has sustained simple injury and no apparent injury has been caused to the informant and her son, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on
Patna High Court CR. MISC. No.53934 of 2024(2) dt.31-08-2024 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sheohar, District- Sheohar in connection with Piprahi P.S. Case No. 192 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T