Prithivi Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52457 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- SAHPUR District- Patna ====================================================== PRITHIVI RAY S/O LATE TIPAN RAY R/O VILLAGE- AKLUCHAK, PS. SHAHPUR, DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate.

For the Opposite Party/s :

Mr. Md. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2023 Heard Mr. Satish Chandra, learned counsel for the petitioner and Md. Matloob Rab, learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 265 of 2022 registered for the offence punishable under Sections 447, 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

3. On 12.6.2022 the informant at about 9:30 AM got information that pillar is being erected on his land by some adjacent plot owner, proceeded towards his land and found that the petitioner along with other named in the FIR and 15 unknown persons were present there and upon seeing the Informant, they became angry, started assaulting

Patna High Court CR. MISC. No.52457 of 2023(2) dt.19-08-2023 2/3 him by bricks, stone, iron rod, butt of pistol etc. in which Pappu Ray sustained injuries. It has further been alleged that the petitioner has assaulted Pappu Ray through butt of pistol.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute which would be evident from the First Information Report itself. He further submits that petitioner has got no criminal antecedent and injuries caused to Pappu Ray is simple in nature which would be evident from Annexure-2.

5. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that there is land dispute between the parties and the injury caused to the victim is simple in nature, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.52457 of 2023(2) dt.19-08-2023 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Danapur at Patna, in connection with Shahpur P.S. Case No. 265 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Ali/- U T