Ram Kumar Rai @ Raj Kumar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6537 of 2015 Arising Out of PS.Case No. -99 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================

1. Ram Kumar Rai @ Raj Kumar Rai Son of Ram Lal Rai

2. Jai Kishore Rai Son of Ram Iqbal Rai null

3. Ram Kapal Rai @ Ram Kapil Rai Son of Genai Rai

4. Lal Babu Rai Son of Mahesh Rai

5. Raj Kishore Rai Son of Ram Iqbal Rai

6. Jata Shankar Rai @ Jai Shankar Rai Son of Yogi Rai

7. Ram Pukar Rai Son of Mahadev Rai All residents of village - Dehua, P.S. - Dumra, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. S.Eheteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2015 I. A. No. 334 of 2015 has been filed for making amendment in paragraph 3 of the main petition. Heard learned counsels for the petitioners and the State. I.A. aforesaid stands allowed.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324 and 307/34 of the Indian Penal Code.

It is alleged that the accused Deokilal Rai (non petitioner) assaulted with Farsa on the head of the informant when the brother of the informant came to rescue, he was also assaulted.

Patna High Court Cr.Misc. No.6537 of 2015 (3) dt.23-02-2015 2/2 Three persons received injury from the informant side and four persons from petitioners' side but one injury on each side was found to be grievous.

It is submitted by the learned counsel for the petitioners that specific accusation of making assault by farsa is against co accused Deokilal Rai but no such injury has been found whereas the accusation of making assault against the petitioners is omnibus and general. There is counter version of the occurrence also and the petitioners' side has also received injury. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Dumra P.S. Case No. 99 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T