Dileep Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62344 of 2022 Arising Out of PS. Case No.-175 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== 1.

DILEEP RAI Son of Late Maheshwar Rai Resident of Village- Manpur, P.S.- Lalganj, District- Vaishali 2.

SHANKAR RAI Son of Late Ekbali Rai Resident of Village- Manpur, P.S.- Lalganj, District- Vaishali 3.

SHIVNATH RAI Son of Late Suraj Rai Resident of Village- Manpur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307, 379, 504 & other allied sections of the Indian Penal Code.

As per the prosecution case, all the F.I.R. named accused persons including these petitioners, armed with deadly weapons, assaulted the informant and his family members It is submitted on behalf of petitioners that on account of land dispute between the parties, a simple occurrence of Maarpit took place, in which, both sides sustained injury. Present case is counter blast of Lalganj P.S. Case No. 176 of 2021, which was lodged by petitioner no. 1 against informant

Patna High Court CR. MISC. No.62344 of 2022(2) dt.11-04-2023 2/2 and others. It is further submitted that allegation under Sections 438 and 379 of the I.P.C. have been added only with a view to make the case grave in nature. Some of the similarly situated coaccused persons have already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 28.03.2023 passed in Cr.Misc. No. 3102 of 2023.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - II, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 175 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T