Chandra Shekhar Rai @ Chandeshwar Rai @ Chandeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68222 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- GOPALPUR District- Patna ====================================================== CHANDRA SHEKHAR RAI @ CHANDESHWAR RAI @ CHANDESHWAR KUMAR Son of Hari Rai R/V- Shahpur, P.S- Gopalpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

Mr. Vinay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 506 of the Indian Penal Code.

Allegedly, petitioner along with other accused persons came to the informant armed with deadly weapons and surrounded him. Petitioner is said to have given an iron rod blow on the head of the informant with intention to kill him. It is submitted by learned counsel for the petitioner that both the parties are agnates. Petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.68222 of 2022(2) dt.25-02-2023 2/2 specific rather general and omnibus in nature. There is admitted land dispute between the parties. Though the allegation against the petitioner that he assaulted the informant by an iron rod, but as per the injury report, the injury sustained by the victim is simple in nature. Petitioner has three criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State as well as learned cousnel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as the injury sustained by the informant is simple in nature, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Gopalpur P.S. Case No. 209 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T