Rama Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19429 of 2021 Arising Out of PS. Case No.-141 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== 1.

Rama Shankar Rai, aged about 22 years, Male, Son of Chandrama Rai Resident of Village - Rasoolpur Chakri Dham, P.S. - Darunda, District - Siwan.

2.

Kishor Rai @ Kisor Rai, aged about 32 years, Male, Son of Chandrama Rai Resident of Village - Rasoolpur Chakri Dham, P.S. - Darunda, District - Siwan.

3.

Arbind Rai, aged about 18 years, Male, Son of Chandrama Rai Resident of Village - Rasoolpur Chakri Dham, P.S. - Darunda, District - Siwan. 4.

Prakash Rai, aged about 30 yeaers, Male, Son of Chandrama Rai Resident of Village - Rasoolpur Chakri Dham, P.S. - Darunda, District - Siwan. 5.

Chandrama Rai, aged about 68 years, Male, Son of Late Styanarayan Rai Resident of Village - Rasoolpur Chakri Dham, P.S. - Darunda, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ayush Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-04-2022 Heard Mr. Ayush Kumar, learned advocate for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek bail in anticipation of their arrest in connection with Darunda P.S. Case No. 141 of 2020 dated 12.06.2020 instituted for the offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. Though the petitioner nos. 1, 2, 3 & 5 are said to have assaulted the Informant, his brother, his brother's wife and his nephew but the injuries suffered by all of them are stated to be simple in nature.

Patna High Court CR. MISC. No.19429 of 2021(5) dt.01-04-2022 2/2 There is no specific accusation against the petitioner no.4, namely, Prakash Rai.

The learned counsel for the petitioners has further submitted that because of a dispute going on between the families, there was a clash between them as a result of which two cases were filed; one being the subject F.I.R. and the other Darunda P.S. Case No. 142 of 2020.

Considering the background facts and taking into account that all the victims have received only simple injuries as well as the fact that the petitioners do not have criminal antecedent, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Darunda P.S. Case No. 141 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) rishi/- U T