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Patna High CourtCR. MISC./51107/2019allowed

Baltej Kumar Ray @ Baltej Kumar Rai @ Baltej Ray v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51107 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== Baltej Kumar Ray @ Baltej Kumar Rai @ Baltej Ray, aged about 26 years, Gender, Male, S/o Late Satynarayan Ray, R/o village- Mirzapur, P.S.- Tajpur, District- Samstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Namrata Mishra, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tajpur P.S. Case No. 58 of 2019 registered for the offences punishable under Sections 341, 323, 307, 354A, 452, 504, 506/34 of the Indian Penal Code.

In the F.I.R., it is alleged that the accused no.2 pulled the informant by hair and accused no.1 attacked on head of the informant with iron rod and informant fell down and got unconscious and with the help of family members informant was taken to hospital for treatment.

Learned counsel for the petitioner submits that there is land dispute between the informant and petitioner. Both the

Patna High Court CR. MISC. No.51107 of 2019(3) dt.16-11-2019 2/2 parties are members of the same family. Learned counsel for the petitioner further submits that the F.I.R. has been lodged after a delay of eight days as the date of alleged occurrence was 26.02.2019 and the date of providing complaint to the police by the informant is 06.03.2019. The injury report shows that all the injuries are simple in nature.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Chief Juduicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 58 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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