Chandeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56911 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- PARSA District- Saran ====================================================== 1.

Chandeshwar Rai S/O Late Pannu Rai R/O Village- Dighara, P.S.- Parsa, District- Saran 2.

Arun Rai S/O Chandeshwar Rai R/O Village- Dighara, P.S.- Parsa, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner No. 1, namely, Chandeshwar Rai, was filling soil in the land of the informant and when the informant raised objection, then both the petitioners, armed with lathi, danda, Kudal, started assaulting the informant and

Patna High Court CR. MISC. No.56911 of 2022(2) dt.12-01-2023 2/3 family members of the informant, due to which informant and family members of the informant sustained injuries.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is also submitted that petitioners are languishing in judicial custody since 16.07.2022. Both parties are agnates and there is land dispute between them. It is further submitted that there is general and omnibus allegation and there is no specific overt act of allegation against the petitioners. From the perusal of the injury report, annexed in the petition, it appears that injury is simple in nature.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.56911 of 2022(2) dt.12-01-2023 3/3 enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Parsa P.S. Case No. 186 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Saran, Chapra.

(Sunil Kumar Panwar, J) nirajkrs/- U T