Patna High Court - Orders
Amar Nath Rai @ Amar Rai vs The State Of Bihar on 4 September, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56987 of 2024
Arising Out of PS. Case No.-248 Year-2023 Thana- MAHNAR District- Vaishali
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1. AMAR NATH RAI @ AMAR RAI SON OF NAGESHWAR RAI R/V-
VILLAGE- MAHNAR, WARD NO. 9, MAHNAR BAZAR, P.S.-
MAHNAR, DISTT.- VAISHALI
2. SHIV CHANDRA RAI @ GORAKH RAI SONOF NAGESHWAR RAI
R/V- VILLAGE- MAHNAR, WARD NO. 9, MAHNAR BAZAR, P.S.-
MAHNAR, DISTT.- VAISHALI
3. VISHNU RAI SON OF AMAR NATH RAI @ AMAR RAI R/V-
VILLAGE- MAHNAR, WARD NO. 9, MAHNAR BAZAR, P.S.-
MAHNAR, DISTT.- VAISHALI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar
For the Opposite Party/s : Mr. Jai Narain Thakur
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 04-09-20241. 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 Mahnar Police Station Case No. 248 of 2023, dated 29.08.2023, disclosing offences under Sections 341/323/324/307/379/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 28.08.2023, the informant had gone on his bicycle near bundh and inadvertently his cycle touched Patna High Court CR. MISC. No.56987 of 2024(2) dt.04-09-2024 2/3 one child. Thereafter, the petitioners arrived there and the petitioners assaulted the informant by means of iron rod, lathi, etc., due to which he sustained injuries.
4. Learned counsel for the petitioners submits that both the parties are agnates and land dispute is going on between them. The land dispute has been decided by learned Court of Deputy Collector, Land Reforms, Mahnar vide Mutation Case no. 72 of 2022-23 in favour of the petitioners. Referring to the injury report, annexed at Annexure-P/2, learned counsel submits that injuries caused to the informant are simple in nature.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates and there is land dispute between them and injuries caused to the informant are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, Amar Nath Rai @ Amar Rai, Shiv, Chandra Rai @ Gorakh Rai and Vishnu Rai, in the event of thier arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Patna High Court CR. MISC. No.56987 of 2024(2) dt.04-09-2024 3/3 Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Hajipur, Vaishali, in connection with Mahnar Police Station Case No. 248 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/-
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