Lal Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17391 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Lal Bahadur Rai, Son of Late Mahendra Rai, Resident of Village Dhumnagar Bakhri, P.S.- Baruraj, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bhavesh Kumar, Advocate For the Informant : Mr. Nachiketa Jha, Advocate For the State : Mr. Veena Rani Pd.(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the informant. Learned counsel for the State is also present.

The petitioner is apprehending his arrest in connection with Baruraj P.S. Case No.56 of 2015 for allegedly having committed the offence under Sections 341, 323, 324, 307, 379, 354/34 of the Indian Penal Code.

Case diary in the present case was called for, which has since been received.

After hearing learned counsel for the petitioner and the learned counsel for the informant as well as the learned counsel appearing on behalf of the State, it appears that there has been a history of litigations between the parties. There is case and counter case (Annexure 2), which clearly reveals

Patna High Court Cr.Misc. No.17391 of 2016 (7) dt.09-08-2016 2/2 animosity between the parties. So far as the injury purported to have been inflicted on the injured is concerned, though described as grievous in a report, which is said to be dated three months after the date of occurrence, there appears to be some discrepancy in the said report. Furthermore, independent witnesses in the village have stated that the occurrence took place while the informant's side was filling up the land with Mitti.

Considering the nature of allegations made and there are consistent history of litigations between the parties, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Tiwari, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Baruraj P.S. Case No.56 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T