Patna High CourtCR. MISC./1448/2016disposed

Lala Rai And ANR. v. The State Of Bihar

2016-01-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1448 of 2016 Arising Out of PS.Case No. -118 Year- 2011 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Lala Rai S/o Late Moti Rai

2. Arjun Rai S/o Lala Rai Both R/o Village Diwantok, P.S. Gangabridge, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 379 of the Indian Penal Code and 27 of the Arms Act. Subsequently Section 308 of the Indian Penal Code was added.

It is alleged that the dispute with regard to tying of the buffalo on the land of accused. It is alleged that petitioner no. 1 opened fire, but did not cause injury to the informant. Allegation against petitioner no. 2 that he made assault with farsha on the informant, but caused injury to the grand-son of the informant Vishal.

Patna High Court Cr.Misc. No.1448 of 2016 (2) dt.12-01-2016 It is submitted by the learned counsel for the petitioners that admittedly no injury was caused to the petitioner no.1. Injury caused by petitioner no. 2 to the grandson of the informant has been found to be simple in nature and statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the genesis of the occurrence, it is a case for consideration of regular bail, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Gangabridge P.S. Case No. 118 of 2011, pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T