Arun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73647 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Arun Kumar Rai S/O Shiv Shankar Rai R/O Village-Gurura, P.S. Kudra, District Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kudra P.S. Case No.161 of 2023 instituted under Sections 447, 323, 324, 307, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, while the informant was sitting at his door, the named accused persons came there and started assaulting and abusing him. When the sons and grandson of the informant came to save him, the accused persons also assaulted them. The petitioner is alleged to have caught the hands of both sons of the informant when others were assaulting them.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is that he has caught the hands

Patna High Court CR. MISC. No.73647 of 2023(2) dt.01-12-2023 2/2 of both sons of the informant when others were assaulting them. He further submits that both sides are agnates. The scuffle took place due to land dispute for which there is a case and counter case between the parties. He also submits that the injuries on the injured are simple in nature. The petitioner has no criminal antecedent and he is serving in Indian Army.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Mohania (Kaimur at Bhabua) in connection with Kudra P.S. Case No.161 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T