Chhatri Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58340 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== CHHATRI RAI SON OF LATE JHAGRU RAI VILLAGERAGHUNATHPUR, WARD NO. 8, PS- SAHEBPUR KAMAL, DISTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sabal Kumar Jha, Advocate For the State :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 342, 307, 379, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, on 28.04.2024 at about 9 AM, while the informant was at his door, in the mean time, all the 15 F.I.R. named accused persons, including this petitioner and five unknown persons, armed with lathi and iron rod, came there and assaulted informant and his nephew and also tried to kidnap them but due to halla, nearby people came there and all the accused persons fled away after making indiscriminate firing.

Patna High Court CR. MISC. No.58340 of 2024(2) dt.19-09-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties for which proceedings under Section 144 of the Cr.P.C. is pending before the learned S.D.M., Balia. As per F.I.R., there is no accusation of overt act against this petitioner and he is only alleged to have wrapped gamcha on the neck of informant and tried to strangulate him. Petitioner is a 79 years old person.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and the fact that petitioner is a 79 year old person, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with S. Kamal P.S. Case No. 119 of 2024, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.58340 of 2024(2) dt.19-09-2024 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T