Birendra Rai @ Virendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78340 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Birendra Rai @ Virendra Ray S/o- Kishundeo Rai @ Kishandeo Rai, Resident of village - Mal Madhuaha P.S.- Rajepur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the Petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Rajepur P.S. Case No. 121 of 2024 dated 16.06.2024 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506 read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent, as per prosecution story, he inflicted Dabiya blow at the head of the informant and Dabiya comes under the purview of sharp edged weapon but as per the injury report of the informant, only lacerated wounds on his right parietal region
Patna High Court CR. MISC. No.78340 of 2024(2) dt.22-11-2024 2/3 and below the right upper elbow were found which shows that the informant was not assaulted by a sharp edged weapon and further, the injuries of the informant have been opined to be simple in nature and the informant and this petitioner are real brother and in between them there is a land dispute.
4. Learned APP for the State has opposed the prayer for bail of the petitioner but fairly accepted that the allegation levelled against this petitioner as to assaulting the informant by means of a Dabiya is not getting corroboration from the medical opinion with regard to the nature of the injury of the informant.
5. Considering the facts and circumstances of this case as well as above submissions and mainly the land dispute which is running in between both the parties who are close relatives coupled with the fair and clean antecedent of the petitioner and also the nature of injury to the informant, in my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Rajepur
Patna High Court CR. MISC. No.78340 of 2024(2) dt.22-11-2024 3/3 P.S. Case No. 121 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) maynaz/- U T