Raju Rai @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3591 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.

RAJU RAI @ RAJU KUMAR Son of Daroga Rai Resident of Village - Shabalpur Chaharam, P.S. - Sonepur, District - Saran. 2.

Pintu Kumar Son of Kapil Rai Resident of Village - Shabalpur Chaharam, P.S. - Sonepur, District - Saran.

3.

Sanjeet Kumar Rai @ Sanjeet Kumar Son of Daroga Rai Resident of Village - Shabalpur Chaharam, P.S. - Sonepur, District - Saran. 4.

Haribansh Rai Son of Late Ramshwak Rai Resident of Village - Shabalpur Chaharam, P.S. - Sonepur, District - Saran.

5.

Dholan Rai Son of Late Baldeo Rai Resident of Village - Shabalpur Chaharam, P.S. - Sonepur, District - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, petitioner nos. 4 and 5 have been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner nos.4 and 5.

Patna High Court CR. MISC. No.3591 of 2022(2) dt.11-08-2022 2/3 In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner nos. 4 and 5.

Petitioner nos. 1, 2 and 3 apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code, registered in connection with Sonepur P.S.Case No. 309 of 2021.

As per allegation, the accused persons were fixing pillar on kharanja. On protest, they assaulted the informant and his family members. The allegation against petitioner no.2 is that he assaulted the informant on his left hand. Petitioner no.1 assaulted Asarfi Rai and petitioner no.3 also assaulted Asarfi Rai with iron rod.

Learned counsel for the petitioners has submitted that there is land dispute between the parties. The injuries suffered by the informant's side are simple in nature, caused by hard and blunt substance. He has also submitted that the members of the defense side were also injured and in this respect an application was made to the concerned SHO, but he did not register the case.

Considering the above facts and circumstances, let petitioner nos. 1, 2 and 3, above-named, in the event of their

Patna High Court CR. MISC. No.3591 of 2022(2) dt.11-08-2022 3/3 arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran in connection with Sonepur P.S.Case No. 309 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U t