Mogal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67172 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- BHELDI District- Saran ====================================================== 1.

MOGAL RAI S/o Khelawan Rai R/o village- Bariyarpur, P.S.- Bheldi, District- Saran at Chapra 2.

Binod Rai S/o Suresh Rai R/o village- Bariyarpur, P.S.- Bheldi, DistrictSaran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that he has been ploughing his land for last 20 years, but on 07.07.2020 at 6:30 in the morning, the 16 named accused persons variously armed came and on orders of Khelawan Rai, all the accused assaulted the informant and injured him and when he fell down it is alleged that petitioner no.1 assaulted on his head by farsa and Santosh Rai assaulted by knife on his arm causing injury.

Patna High Court CR. MISC. No.67172 of 2021(2) dt.21-07-2022 2/2 Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the occurrence took place on account of land dispute and as far as the injuries suffered by the informant, his wife and son are concern, they are are simple in nature caused by hard and blunt substance as would be evident from Annexure-2 series. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the 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 released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bheldi P.S. Case No. 135 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T