Bhawani Rai @ Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1270 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -DORIGANJ District- SARAN ====================================================== Bhawani Rai @ Rajesh Rai, S/o Shri Kalika Rai, Resident of VillageBadalpura, Dariyawganj, P.S. Doriganj, District - Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar For the Opposite Party : Mr. Smt. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Doriganj P.S. Case No.52 of 2015, registered under Sections 147, 148, 149, 341, 323, 324, 302, 307 and 504 of the Indian Penal Code and Section 3(ii)(v) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 The accusation is that all the seven accused persons including the petitioner were raising boundrywall on a disputed land on which the litigation was going on in between the informant and accused persons, when father of the informant obstructed then co-accused Rajesh Kumar and Sushil Kumar assaulted him by means of knife, later on in course of treatment the father of the informant died.

Patna High Court Cr.Misc. No.1270 of 2016 (4) dt.02-03-2016 2/2 Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Further submission is that, in fact, due to land dispute, occurrence took place in which father of the informant sustained injury. Further submission is that on the basis of the written report of co-accused Kalika Rai, Doriganj P.S. Case No. 53 of 2015 has also been instituted in which Timil Rai, Rajesh Rai, Kaushal Kumar, Sushil Kumar sustained injuries. Further submission is that petitioner having no criminal antecedent and he is in custody since 11.07.2015 and similarly situated co-accused, Kalika Rai and Timal Rai have already been granted privilege of bail by a coordinate Bench of this Court vide order dated 23.11.2015 passed in Criminal Misc. No. 47931 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Doriganj P.S. Case No. 52 of 2015. (Rajendra Kumar Mishra, J) manish/- U T