Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69897 of 2024 Arising Out of PS. Case No.-281 Year-2024 Thana- GORAUL District- Vaishali ====================================================== 1.

Harendra Rai Son of Bhagirath Rai R/O Vill.- Baksama, P.S.- Katahra O.P. Goraul, Dist.- Vaishali.

2.

Amar Rai @ Amar Kumar Son of Harendra Rai R/O Vill.- Baksama, P.S.- Katahra O.P. Goraul, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Goraul (Katahra) P.S. Case No. 281 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. Allegedly, all the FIR named accused persons including the petitioners are said to have abused and assaulted the informant brutally by means of deadly weapons due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no

Patna High Court CR. MISC. No.69897 of 2024(2) dt.21-10-2024 2/3 offence. No such occurrence as alleged has ever taken place. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is admitted land dispute between the parties. Prior to the lodging of the present case, co-accused Santosh Kumar had lodged Goraul P.S. Case No. 388 of 2023 against the informant and others and thereafter, only with a view to save his skin in above-mentioned case, the informant has filed this false case against the petitioners. Learned counsel further submits that the injuries sustained by the informant were found simple in nature, which is also evident from Annexure-2. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the nature of the injuries i.e. simple, 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 lower Court where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.69897 of 2024(2) dt.21-10-2024 3/3 Goraul (Katahra) P.S. Case No. 281 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./Section 482(2) of the BNSS, 2023.

(Anjani Kumar Sharan, J) divyanshi/- U T