Vikki Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51886 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================

1. Vikki Rai, Son of Late Raj Narayan Rai

2. Uendra Rai @ Guddu Rai, Son of Shivjee Rai Both Resident of VillageKhoraitha, Police Station- Dhansoi, District- Buxar..... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor representing the State. The petitioners seek bail in connection with Dhansoi P.S. case No. 130/ 2014 registered for the offences punishable under sections 447, 448, 147, 148, 149, 307 of the Indian Penal Code and under section 27 of the Arms Act.

The allegation against the petitioners is that they opened fire which caused multiple injuries to the informant and also to Ashwin Rai.

Submission is that due to land dispute the occurrence has taken place, the injuries caused are simple, petitioners have voluntarily surrendered in the light of observation made in Cr. Misc. No. 34288/ 2015 on 22.09.2015 and since then they are in custody, charge sheet has already been submitted and there is no

Patna High Court Cr.Misc. No.51886 of 2015 (4) dt.09-02-2016 2/2 chance of tampering with the prosecution evidence and no grievous injury has been found on the persons of injured. Learned A.P.P. opposes the prayer of bail by submitting that multiple injuries have been found on the person of injured.

In the facts and circumstances stated above, the petitioners, above named, shall be released on bail after completion of nine months in custody on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. case No.130 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) BKS/- U T