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Patna High CourtCR. MISC./80310/2024allowed

Arun Kumar @ Arun Rai v. The State Of Bihar

2024-12-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80310 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- MAHINDWARA District- Sitamarhi ====================================================== Arun Kumar @ Arun Rai S/o- Surendra Rai @ Surendra Prasad Yadav Village - Punarwara, P.S. - Mahindwara, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mahindwara P.S. Case No. 76 of 2024, instituted under Sections 323, 341, 324, 307, 354, 504/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that when Krishna Nandan Rai (Dewar of the informant) came to save the informant then petitioner assaulted on his head with spade.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute between the parties. There is case and counter case between the parties. The prosecution side is the

Patna High Court CR. MISC. No.80310 of 2024(2) dt.04-12-2024 2/2 aggressor. Earlier, the informant, her husband and her son had also filed four cases against the petitioner. He further submits that injury of Krishna Nandan Rai is simple in nature. Petitioner undertakes to co-operate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submission 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 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi in connection with Mahindwara P.S. Case No. 76 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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