Lalbabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59614 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== LALBABU RAI, Son of Late Tejnarayan Rai Resident of Village-Kadmawa Yadav Tola, P.S.-Ghorasahan, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghorasahan P.S. Case no. 296 of 2018, registered under Sections 147, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation is that due to land dispute 08 persons named in the F.I.R., including the petitioner, variously armed with came at the door of the informant and started to abuse the informant. When informant made protest then this petitioner started to cause assault through fist and slaps. When Abhay Kumar, son of the informant, came to rescue then he was assaulted by Pramod Rai through Farsa. When Sita Devi, wife of informant, rushed to save them then Ratnesh Rai and

Patna High Court CR. MISC. No.59614 of 2019(2) dt.20-09-2019 2/2 Dinesh Rai laid her on the ground by catching her hair and assaulted her by means of lathi, danda and knife. When Manjay Kumar, another son of informant, rushed there then he was also assaulted by this petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that occurrence of Marpit took place due to land dispute in which petitioner caused injuries on the person of informant and his son Manjay Kumar, but the injuries found on the person of informant and Manjay Kumar are simple in nature. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 296 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T