Akhilesh Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8683 of 2018 Arising Out of PS.Case No. -153 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Akhilesh Rai, S/o Baliram Rai.

2. Ramjee Rai, S/o Late Ramchandra Rai.

Both R/o Village Babhantoli, P.S.- Goraul, Dist- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 17-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Goraul P.S. Case No.153 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that 9 persons, named in the F.I.R., including the petitioners reached near the land of the informant and tried to put the hut. When the informant made protest saying that the date of Panchayati has been fixed to resolve the dispute, then all started to abuse the informant. In that course, Balram Rai tried to cause assault to the informant on his head through lathi but the informant caught hold the lathi but the others caused injury to the informant through lathi and

Patna High Court Cr.Misc. No.8683 of 2018 (2) dt.17-02-2018 2/2 danda. At that time, on the order of Sanjay Rai, Bipin Kumar shot fire through Katta at the informant but, anyhow, the informant succeeded to flee away.

Learned counsel appearing on behalf of the petitioners submits that due to land dispute, there was hot exchange of words in between both sides and the occurrence of scuffle took place, in which the petitioners' side also sustained injury but only to put undue pressure, the present case was lodged. Further submission is that regarding the same occurrence, Goraul P.S. Case No.154 of 2017 was also instituted on the self statement of S.I. Mahdnera Paswan. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul P.S. Case No.153 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T