Manjay Lal @ Manjai Lal Rai @ Majay Lal @ Manjal Lal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88706 of 2024 Arising Out of PS. Case No.-353 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Manjay Lal @ Manjai Lal Rai @ Majay Lal @ Manjal Lal Rai son of Ramvilas Roy Resident of Bahrampur P.S Bachhwara, Distt.- Begusarai 2.
Virendra Rai Son of Ram Sagar Rai Resident of Bahrampur P.S Bachhwara, Distt.- Begusarai 3.
Dinesh Rai @ Dinesh Kumar Rai Son of Ram Jatan Ray Resident of Vilage Bahrampur P.S Bachhwara, Distt.- Begusarai 4.
Chhotu @ Suresh Kumar @ Chhotu Lal Yadav son of Sita Ram Ray Resident of Vilage Bahrampur P.S Bachhwara, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bachhwara Police Station Case No. 353 of 2024, dated 12.10.2024, disclosing offences punishable under Sections 115(2)/127(1)/303(2)/324(4)/324(5)/109/351/3
(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that on 11.10.2024, the petitioners, along with other
Patna High Court CR. MISC. No.88706 of 2024(2) dt.22-01-2025 2/3 accused persons, including 30-40 unknown persons, arrived and attacked the informant and his family members with lathi, bhala, danda, bricks, etc. Three motorcycles standing at the door of the informant were also damaged and co-accused Sunil Kumar snatched gold chain and co-accused Kundan Kumar snatched mobile of the informant. Co-accused persons, namely, vijay Kumar and Kundan Kumar resorted to firing.
4. Learned Counsel for the petitioners submits that the petitioners have been made accused due to long standing land dispute between the parties, which would be evident from the First Information Report as well as counter case lodged by the side of the petitioners, bearing Bachhwawra Police Station Case No. 355 of 2024. The side of the petitioners had purchased 11⁄2 bighas of land about 20 years back, which the side of the informant and others tried to take forceful possession from the petitioners, due to which scuffle took place. The allegation of firing is not upon the petitioners and none has sustained any injury.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there appears to be land dispute between the parties, case
Patna High Court CR. MISC. No.88706 of 2024(2) dt.22-01-2025 3/3 and counter case is there, nobody has sustained any injury and there is no allegation of firing upon the petitioners, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Bachhwara Police Station Case No. 353 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √