Devendra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10569 of 2016 Arising Out of PS.Case No. -229 Year- 2013 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. Devendra Rai Son of Late Bhallu Rai

2. Anil Rai

3. Sunil Rai

4. Bhola Rai All Sons of Devendra Rai All are Resident of village - Kursaha, P.S. Mohiuddin Nagar, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Anuj Kumar Shrivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-03-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The prosecution case is that the accused

Patna High Court Cr.Misc. No.10569 of 2016 (2) dt.08-03-2016 2/3 persons came variously armed and started abusing the informant. On protest being made all the accused persons assaulted the informant and his three sons with Spear, Farsa and lathi. It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. The informant has received two injuries which have been found simple in nature. The sons of the informant have not received any injury. Statement to that effect has been made in paragraph 3 of the supplementary affidavit, which reads as follows:- "That according to F.I.R. and injury report only injury on informant Indar Roy and which is simple in nature and is on record his three son Narendra Roy, Satrughan Roy and Surendra Roy has no any sustain injury only it is allegation against the petitioners." There is a counter version of the occurrence also and the petitioners' side have 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court Cr.Misc. No.10569 of 2016 (2) dt.08-03-2016 3/3 Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 229 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T