IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42335 of 2008 ANANDI RAI @ ANAND RAI Versus STATE OF BIHAR ----------- 06. 19.12.2008 Heard. Petitioner is an accused in Runnisaidpur P.S. Case No. 31 of 2006 registered under Section 302/34 of the Indian Penal Code. Earlier this petitioner along with Sati Devi had moved this Court for regular bail vide Cr. Misc. No. 11418 of 207. The bail of petitioner No. 1 namely Anand Rai was refused treating the application by mistake to be one under anticipatory bail. As such the petitioner filed modification application being Cr. Misc. No. 24346 of 2007 stating therein that in fact the application vide Cr. Misc. No. 11418 of 2007 was not under anticipatory bail but under regular bail. In view of the aforesaid facts, the order dated 8.5.2007 was recalled and petitioner was allowed bail as in course of investigation, it transpired that it was Ram Narayan Rai who gave fatal blow on the head of the deceased. The informant filed an application for cancellation of bail of Anand Rai being Cr. Misc. No. 31554 of 2007 stating therein that the petitioner had filed modification application without serving a copy of the 2 petition on the informant. This Court as such recalled the order granting bail to opposite party No. 2 Anand Rai. This Court by order dated 28.8.2008 in Cr. Misc. No. 31554 of 2007 recalled the order granting bail to opposite party No. 2 and directed him to surrender in the Court below forthwith. The petitioner after so surrendering has filed this application. The prosecution case is as follows:- The informant alleged that on 19.2.2006 his son Arvind Rai had gone to Darwaja of Anand Rai for cutting grass in the fodder machine. Thereupon it is alleged that petitioner armed with a PASI of Chauki and his son armed with a Bamboo Mungari and Sati Devi armed with a lathi arrived there and assaulted informant’s son on the head and on account of this injury, the son had died. The petitioner submits that in course of investigation, the police submitted final report in favour of the petitioner finding the case to be not true against him. The investigation further showed that it is Ram Narayan Rai who has caused fatal blow on the head of the deceased. It is further submitted that the aforesaid Ram Narayan Rai son of the petitioner is in custody. It also unfurled in course of investigation that the informant wanted the petitioner to transfer 10 katha of land in favour of prosecution, otherwise he and his wife would be falsely implicated in the case. It is submitted that independent 3 witnesses have been examined in Para 11, 12, 13, 15, 16 of the case diary and they supported the aforesaid version and innocence of the petitioner. Learned counsel for the informant submitted that earlier the petitioner had filed modification application without serving copy on the informant and his bail was recalled as such. It was further submitted that in F.I.R. there is allegation against all the three accused persons and the Postmortem report shows two injuries on the head of Arbind. Having considered the facts and circumstances of the case and also in view of the fact that the police in course of investigation submitted final report (Annexure-4) finding the allegation against the petitioner to be false, this Court is inclined to release the petitioner on bail and as such the petitioner namely Anandi Rai @ Anand Rai is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, Fast Track Court No. 5, Sitamarhi in connection with Runnisaidpur P.S. Case No. 31 of 2006 in Sessions Trial No. 36 of 2007. Shageer (Samarendra Pratap Singh, J)