Rajesh Rai @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75118 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Rajesh Rai @ Rajesh Kumar S/O Goutam Ray @ Gautam Rai Resident of village- Sonbarsa, P.S.- Bhagwanpur Hat, District- Siwan, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Bhagwanpur Hat P.S. Case No. 102 of 2022 lodged under Sections 341, 323, 324, 326, 504, 506, 34 of the I.P.C. As per the prosecution case, the present F.I.R. has been lodged against 9 named accused persons including the present petitioner that they all went in his own land then, in the meantime, accused persons have reached and scuffling started from both the sides due to which injury took place. The cause of injury was already given the earlier enmity.

Counsel for the petitioner submits that from the statement of F.I.R., it transpires that there is land dispute exist between the parties. Counsel further submits that the petitioner's

Patna High Court CR. MISC. No.75118 of 2022(2) dt.25-03-2023 2/2 side and the informant's side are agnates and long pending dispute are going on for the land. He further submits that for the same date and place of occurrence, the 2 F.I.Rs. (Annexure-1 and Annexure-4) has been lodged on the same date. The P.S. case no of present case was 102/2022 and another was 109/2022 lodged in connection with Bhagwanpur Hat.

Counsel for the petitioner has also submitted that in the F.I.R., the allegation of present petitioner is upon informant and one Akhilesh Rai. He has annexed that both the injuries are simple in nature.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Siwan in connection with Bhagwanpur Hat P.S. Case No. 102 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T