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Patna High CourtCR. MISC./85820/2024allowed

Bindekh Rai v. The State Of Bihar

2024-12-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85820 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== Bindekh Rai S/O Harindra Rai R/O Village- Narayanpur, P.S.- Tisiauta, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant's side brutally by means of deadly weapons due to which they have sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute

Patna High Court CR. MISC. No.85820 of 2024(2) dt.16-12-2024 2/2 between the parties. Both sides have sustained injuries and filed cases against each other. Though there is allegation against the petitioner to assault one Dayanand Ray causing injury to him, but as per the injury report, the injury sustained by injured Dayanand Ray was found simple in nature. Learned counsel further submits that the present case has been compromised between the parties and petitioner has three criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the nature of the injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Tisiauta P.S. Case No.110 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T