Vikash Rai @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62322 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Vikash Rai @ Vikash Kumar S/O Chandeshwar Rai Village- Patdaura, PsBajpatti, Dist- Sitamarhi 2.

Rahul Rai Son Of Chandeshwar Rai Village- Patdaura, Ps- Bajpatti, DistSitamarhi 3.

Chandeshwar Rai Son Of Late Ramashish Rai Village- Patdaura, PsBajpatti, Dist- Sitamarhi 4.

Roshan Rai @ Raushan Rai @ Chaushan Kumar Son Of Rahul Rai VillagePatdaura, Ps- Bajpatti, Dist- Sitamarhi 5.

Kaushalya Devi Wife Of Chandeshwar Rai Village- Patdaura, Ps- Bajpatti, Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Ram Chandra Rai Son Of Late Ramashish Rai Village- Patdaura, PsBajpatti, Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 406, 420, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, on 07.04.2023, when the informant went to the Darwaja of Vikas Rai and asked him to execute Sale-deed, then all the accused persons assaulted him with lathi and iron rod.

Patna High Court CR. MISC. No.62322 of 2023(2) dt.11-10-2023 2/2

4. It is submitted on behalf of the petitioners there is land dispute between the parties and one Partition Suit No. 174 of 2003 is also pending. He further submits that F.I.R. has been lodged after delay of 11 days and there is no explanation for the same. The petitioners claim clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer of anticipatory bail.

6. Considering the delay in lodging the F.I.R., clean antecedents, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Pupri, Sitamarhi/concerned court below in connection with Bajpatti P. S. Case No. 125 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shishir/- U T