Vinay Rai @ Vinay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82114 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

VINAY RAI @ VINAY KUMAR RAI S/o Late Ramchandra Rai Resident of Village- Gopalpur Parsauni, P.S.- Gopalpur, District- Gopalganj. 2.

Vijay Rai S/o Late Ramchandra Rai Resident of Village- Gopalpur Parsauni, P.S.- Gopalpur, District- Gopalganj.

3.

Amit Kumar Rai S/o Vijay Rai Resident of Village- Gopalpur Parsauni, P.S.- Gopalpur, District- Gopalganj.

4.

Sumit Kumar @ Sumit Kumar Rai S/o Vijay Rai Resident of VillageGopalpur Parsauni, P.S.- Gopalpur, District- Gopalganj. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 341,323, 324, 307 & 504/34 of the Indian Penal Code.

While the informant was sitting at his door, petitioners along with their associates armed with lathi, danda and iron rod descended there and started assaulting him. Co-accused Pankaj Rai assaulted him on his head by means of iron rod inflicting bleeding head injury to him. When his brother rushed in his rescue they also assaulted him.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.82114 of 2019(2) dt.13-02-2020 2/2 that they are quite innocent and have committed no offence. They have been falsely implicated in this case due to land dispute. There is case and counter case between the parties. Earlier to the case under hand, petitioner no.1 lodged Gopalpur P.S. Case No.89 of 2019 against the informant and others and in retaliation thereto, informant has lodged this false and frivolous case against the petitioners and others. Petitioners have no criminal antecedent.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Gopalganj in connection with Complaint Case No. Gopalpur P.S. Case No.87 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T