Pappu Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.4901 of 2016 (2) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4901 of 2016 Arising Out of PS.Case No. -241 Year- 2015 Thana -MASRAKH District- SARAN ======================================================

1. Pappu Rai son of Bihari Rai

2. Ajay Rai son of Bihari Rai All resident of village- Gorhna, P.s.- Mashrak, Dist. Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhilesh Kumar For the Opposite Party/s Mr. Pushpa Sinha No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 11.02.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

It appears from perusal of the first information report that due to petty dispute, petitioners and other FIR named accused assaulted the informant and others and in that course, petitioner no.1 gave farsa blow causing injury on the head of the informant whereas petitioner no.2 gave farsa blow on the head of injured- Raghunath Rai. The contention on behalf of the petitioners is that there is case and counter case between the parties and petitioners, too, sustained injuries in the alleged occurrence and, therefore, it appears that free fight had taken place between the parties. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioners are in jail custody since 21.11.2015, let the petitioners be

Patna High Court Cr.Misc. No.4901 of 2016 (2) dt.11-02-2016 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 Chief Judicial Magistrate, Saran at Chapra in Mashrakh P.S. Case no. 241/2015.

shahid (Hemant Kumar Srivastava,J) U T