Ramadhar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52703 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- AKILPUR District- Saran ====================================================== RAMADHAR RAI SON OF SOMNATH RAI R/O VILLAGESHANKARPUR (GANGHARA), P.S.- SAHPUR, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Adv.

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad, APP.

Mr. Manoranjan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 A supplementary affidavit has been filed in the Court. Let it be kept on record.

Heard the parties.

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

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304 of the Indian Penal Code.

Allegedly, petitioner is said to have spread naked wire illegally in his field due to which informant's brothers died. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence as

Patna High Court CR. MISC. No.52703 of 2022(3) dt.23-01-2023 2/2 alleged ever took place. The allegation levelled against the petitioner is false and baseless. It is further submitted that the petitioner is a landless person and he has no any agricultural land. He has been residing in the land of Anabad Bihar Sarkar after granting parcha by the Circle Officer, under the provision of Bihar Privileged Persons Homestead and Tenancy Act, 1947. There is compromise between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since that field does not belong to petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Akilpur P.S. Case No. 28 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T