Munshi Rai @ Munshi Lal Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11813 of 2019 Arising Out of PS. Case No.-374 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== 1.
Munshi Rai @ Munshi Lal Rai Son of Mesuri Rai 2.
Bipin Kumar Son of Sanjay Rai 3.
Vijay Rai @ Vijay Kumar Rai Son of Shyam Sunder Rai 4.
Sudarshan Rai @ Suryadarshan Rai @ Sudarshan Prasad Son of Shyam Sunder Rai 5.
Murai Rai @ Murari Prasad Rai Son of Shaym Sunder Rai All Resident of Village - Darba, P.S. Tajpur (Halai O.P.), District - Samastipur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/307/323/34/341/379/504 of the Indian Penal Code. There is case and counter case. Both sides are agnates. Allegation is that on the order of petitioner Munshi Rai, Vijay Rai, Murari Rai along with co-accused Chandan
Patna High Court CR. MISC. No.11813 of 2019(2) dt.26-02-2019 2/3 Kumar and Sunil Rai caused injury with farsa at the head of Ram Narayan Rai. The doctor has found single lacerated wound at the scalp of Ran Narayan Rai and has found no other injury on any other part of the body of Ram Narayan Rai. In the circumstance, it is highly doubtful for the purpose of consideration of this prayer for anticipatory bail as to who of the four accused had caused the single injury to Ram Narayan Rai. Petitioner Bipin Kumar allegedly caused injury to Balo Rai but the doctor has not found any injury on the person of Balo Rai. Petitioner Sudarshan Rai was simply a member of unlawful assembly.
Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Tajpur (Halai O.P.) Police Station Case No. 374 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation of the
Patna High Court CR. MISC. No.11813 of 2019(2) dt.26-02-2019 3/3 case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Mkr./- U T