Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72165 of 2021 Arising Out of PS. Case No.-92 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rajesh Rai Son Of Dasharath Rai Resident Of Village - Narainpur Banpurwa, P.S- Dumariyaghat, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dumariaghat P.S. Case no. 92 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 504 & 506 of the Indian Penal Code.

As per allegation in the FIR, when the informant sitting with his family, in the meantime the petitioner along with other accused persons came and began to abuse him. It is further alleged that the petitioner gave Farsa blow on informant's head due to which he sustained injury.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No. 72165 of 2021(3) dt.26-09-2022 2/2 offence. He has falsely been implicated in this case due to land dispute between the parties. From perusal of the case diary and injury report, the injury of informant namely, Mathura Rai is simple in nature. There is case and counter case. Petitioner has got no criminal antecedent.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dumarighat P.S. Case no. 92 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U