Ram Prabodh Rai @ Ram Pravodh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83625 of 2019 Arising Out of PS. Case No.-212 Year-2019 Thana- BELA District- Sitamarhi ====================================================== 1.

RAM PRABODH RAI @ RAM PRAVODH RAI Son of Late Bhola Rai Resident of Village - Kunaiya, P.S.- Bela, District - Sitamarhi. 2.

Niranjan Rai @ Nire Khan Rai Son of Late Bhola Rai Resident of Village - Kunaiya, P.S.- Bela, District - Sitamarhi.

3.

Ras Narayan Rai @ Rash Narayan Son of Yogi Rai Resident of Village - Kunaiya, P.S.- Bela, District - Sitamarhi.

4.

Nawal Rai Son of Prameshwar Rai Resident of Village - Kunaiya, P.S.- Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bela P.S. Case No. 212 of 2019 registered for the offence punishable under Sections 341, 342 and 328/34 of the Indian Penal Code.

The allegation is regarding the co-accused persons, namely, Fekan Rai, Ram Pravesh Rai, Gonu Rai and Mohan Rai having put a rope around the neck of the son of the informant, namely, Jitendra Rai, as also on the neck of Shivnath Rai whereafter they

Patna High Court CR. MISC. No. 83625 of 2019(2) dt.17-12-2019 2/3 had assaulted them and had also administered poisonous substance, however, the son of the informant and the other person to whom it is alleged that poisonous substance was administered, had subsequently regained consciousness in the hospital. In the last part of the FIR, it has been alleged that the petitioners had also assaulted the members of the prosecution party.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on account of land dispute and as far as the petitioners are concerned, no injury on the person of the prosecution party has been shown to be attributable to them and in fact, no specific allegation of any sort of overt act has been levelled as against the petitioners. The petitioners are stated to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No. 83625 of 2019(2) dt.17-12-2019 3/3 of learned S.D.J.M. Sadar, Sitamarhi in connection with Bela P.S. Case No. 212 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T