Pradeep Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64403 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- JAMALPUR District- Darbhanga ====================================================== PRADEEP RAI Son of Raghubir Rai Resident of Village - Tenua, P.S.- Jamalpur, Distt.- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jamalpur P.S. Case no. 37 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 354, 447, 379, 504, 506 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioner variously armed came on the purchased land of the informant and started to construct thatched hutment and when the informant raised protest, all the accused persons started assaulting the informant and in his rescue, his family members came there who were also beaten up by them.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.64403 of 2021(2) dt.13-07-2022 2/2 In the background of land dispute, the petitioner has been falsely implicated in the present case. In the alleged incident, members of both side have received injuries. There is no accusation of repeating the blow. Petitioner has no criminal antecedent. Similarly situated co-accused person has already been enlarged on bail by this Bench vide order dated 28.6.2022 passed in Cr. Misc. No. 61077 of 2021. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jamalpur P.S. Case no. 37 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U