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Patna High CourtCR. MISC./59716/2022allowed

Surendra Rai v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59716 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Surendra Rai Son Of Late Jhimi Rai R/O Village- Naya Tola Dadapur, P.S.- Bakhtiyarpur, District- Patna.

2.

Dhirendra Rai @ Birendra Rai Son Of Late Jhimi Rai R/O Village- Naya Tola Dadapur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Bakhtiyarpur P.S. Case No.206 of 2021, registered for the offences punishable under Sections 341, 323, 504, 308 and 34 of the Indian Penal Code.

The petitioners alongwith other co-accused persons are said to have assaulted the son of the informant. When the informant made protest, the petitioners started assaulting the informant by means of iron rods on her head causing bleeding injury.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no

Patna High Court CR. MISC. No.59716 of 2022(2) dt.03-01-2023 2/2 criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that both petitioners and informant are of the same ancestral family and there is also some land dispute between them. It is submitted that no person got any injury in the present case. It is also submitted that the doctor advised the injured person to take bed rest. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that informant did not get any injury in the occurrence, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Barh in connection with Bakhtiyarpur P.S. Case No.206 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T