Suresh Rai @ Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62568 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.

SURESH RAI @ SURESH YADAV S/o Amardev Yadav R/v- Fazilpur, P.S.- Rajepur, District- East Champaran, Motihari 2.

MUKESH RAY S/o Binod Rai R/v- Fazilpur, P.S.- Rajepur, District- East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 447, 341, 323, 307, 379, 504, 506 of the Indian Penal Code. The allegation against the petitioners is that they alongwith other co-accused persons indiscriminately assaulted the informant's side by means of several weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.62568 of 2022(2) dt.12-01-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. There is an admitted land dispute between the parties. He further submits that the injuries are found to be simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Rajepur P.S. Case No.128 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T