Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70361 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== BIRENDRA RAI Son of Vishwanath Rai Resident of village- Banbaspur, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Aurai P.S. Case No. 46 of 2019, registered for the offences punishable under Sections 341, 323, 354, 379, 307, 504, 506, 34 of the Indian Penal Code.

As per F.I.R. there is allegation of assault by Farsa on the head of the informant thereafter to the wife of the informant and brother of the informant.

Submission of the learned counsel for the petitioner is that as a matter of fact, land dispute started with respect to the construction of toilet and there is case and counter case between them. Though it is stated that injury caused on the head of informant by Farsa but all the injuries found lacerated not causing by sharp cut weapon and other injuries found simple in nature.

Patna High Court CR. MISC. No.70361 of 2019(3) dt.18-11-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application allowed. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, 13 Muzaffarpur in connection with Aurai P.S. Case No.-46 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T