Patna High CourtCR. MISC./15357/2017bail granted

Shambhu Rai @ Shambhu Kumar And ORS v. The State Of Bihar

2017-03-29Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15357 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Shambhu Rai @ Shambhu Kumar, Son of Kailash Rai,

2. Dharmnath Rai, Son of Kailash Rai.

3. Ramayan Rai, Son of Ramcharan Rai,

4. Dudhnath Rai, Son of Late Giran Rai,

5. Pappu Rai @ Pappu Kumar Rai, Son of Dharmnath Rai, All are Resident of Village- Sondhani, Mananpatti, Police Station- Bhagwanpur in the District of Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sahin Begam,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-03-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners seek bail in connection with Bhagwanpur Hat P.S.Case No.111 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504and 506 of the I.P.C.

Allegation, in brief, is that on dispute of cutting bamboo from bamboo cluster the accused persons assaulted the informant and his father. Specific allegation of assault by farsa is against Jainath Rai, who hit on the head of Shailesh Tiwary, elder brother of the informant.

Patna High Court Cr.Misc. No.15357 of 2017 (2) dt.30-03-2017 2/2 Learned counsel for the petitioners submits that both sides are agnates and quarrel took place in which the petitioners have been roped falsely in this case. However, there is general and omnibus allegation of assault and corresponding injuries are simple in nature and not on vital part of the body.Jai Nath Rai has already been admitted to bail by a coordinate Bench of this Court vide order dated 25.11.2016 passed in Cr.Misc. No.42550 of 2016.

Considering the said facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Siwan, Bhagwanpur Hat P.S. Case No.111 of 2016.

(Arun Kumar, J) AnilKrSinha/- U