Bhagyanarayan Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50656 of 2015 Arising Out of PS. Case No. -116 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Bhagyanarayan Rai, Son of Bhagwat Rai

2. Lakhindra Rai, Son of Bhagwat Rai Both are residents of Village - Rohua, P.S. - Jandaha, District - Vaishali (Hajipur).

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Vinod Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-11-2015 It is stated that the petitioner no.1, namely, Bhagyanarayan Rai has already been arrested and as such his application has become infructuous.

2. As prayed, so far as petitioner no.1, namely, Bhagyanarayan Rai is concerned, his anticipatory bail application is permitted to be withdrawn and dismissed as such,

3. Heard learned counsel for the petitioner no.2 namely, Lakhindra Rai and learned APP for the State.

4. The petitioner no.2 apprehends his arrest for the offences alleged under Sections 448, 341, 323, 324, 307 and 380 read with Section 34 of the Indian Penal Code registered in connection with Jandaha P.S. Case No. 115 of 2015.

5. It is submitted that the petitioner no.2 has been

Patna High Court Cr.Misc. No.50656 of 2015 (2) dt.05-11-2015 2/2 falsely implicated as there is no medical document to support the injury caused by Fasli which attributed to the petitioner. There is a case and counter case and admitted land dispute between the parties.

6. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner no.2's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief judicial Magistrate, Vaishali in connection with Jandaha P.S. Case No. 116 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vikash Jain, J) B.T/- U T