Vishnudev Rai Vs The State of Bihar — Bail and Remand | Patna HC (2022)

Vishnudev Rai Vs The State of Bihar — Bail and Remand | Patna HC (2022)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11030 of 2022

Arising Out of PS. Case No.-182 Year-2021 Thana- MAHESI District- East Champaran

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VISHNUDEV RAI Son of Dular Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Nitesh Kumar Son of Vishnudev Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Rupesh Kumar Son of Vishnudev Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Birendra Rai Son of Anandi Rai Resident of Village - Chakrasul, P.s.- Mehsi, Distt.- East Champaran.

Kundan Kumar Son of Birendra Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Rajendra Rai Son of Ashrfi Rai Resident of Village - Chakrasul, P.s.- Mehsi, Distt.- East Champaran.

Ramlal Rai Son of Late Daroga Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Madan Rai Son of Late Daroga Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Ram Chandra Rai Son of Asharfi Rai Resident of Village - Chakrasul, P.s.Mehsi, Distt.- East Champaran.

Kishore Rai Son of Asharfi Rai Resident of Village - Chakrasul, P.s.- Mehsi, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 06-09-2022 Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149,

Patna High Court CR. MISC. No.11030 of 2022(2) dt.06-09-2022 2/3

341, 323, 307, 504 and 506 of the Indian Penal Code.

The informant alleges that on 02.08.2021 at 8:30 am when he was at his home, co-accused Mohan Rai started cultivating his land and when he protested, Mohan Rai started abusing him, it is next alleged that on orders of Mohan Rai, Bipin Kumar, Lakhindra, Mukesh, petitioner no.1, 2 and 3 came variously armed with lathi farsa and assaulted the informant, thereafter it is alleged that Mohan Rai also assaulted the informant’s son with farsa on his head and when his cousin brother came to rescue him, the other accused persons, including the petitioner no.4 to petitioner no.10, assaulted him along with his family members.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that on account of land dispute, the present occurrence took place, further all the injuries suffered by the injured are simple in nature as would be evident from Annexure ‘3’ and pleadings made at paragraphs ‘10’ and ‘11’ of the anticipatory bail application. Learned counsel submits that parties have even compromised the case based on which Mohan Rai has been granted anticipatory bail by the learned District Court itself.

Patna High Court CR. MISC. No.11030 of 2022(2) dt.06-09-2022 3/3

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mehsi P.S. Case No. 182 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

Rishi/-

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