Amresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7605 of 2021 Arising Out of PS. Case No.-503 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== AMRESH RAI S/O JAY NARAYAN RAI R/O VILLAGE- AKHTIYARPUR PAREYAN, P.S.- KURHANI, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Kurhni P.S. Case No. 503 of 2020 registered for the offence under Sections 146, 147, 149, 341, 323, 325, 307, 427, 385, 504 & 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, while the informant was constructing boundary wall, in the meantime, the accused persons came there and started assaulting the informant. Firing was also made. Rupees 75000/- is also alleged to have been snatched away.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.7605 of 2021(2) dt.07-09-2021 2/2 The petitioner has been falsely implicated in the present case. No specific allegation of assault has been alleged against the petitioner. FIR has been instituted after three days delay of the alleged occurrence. There is land dispute pending between the parties. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Judge-III-cum-Addl, Chief Judicial Magistrate-III, West, Muzaffarpur in connection with Kurhni P.S. Case No. 503 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T