Ramashish Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16873 of 2015 Arising Out of P.S. Case No. -148 Year- 2014 Thana -AADAPUR District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Ramashish Rai Son of Late Harinan Rai
2. Devendra Thakur Son of Mero Thakur Both residents of village - Jhitkahia, P.S. Adapur, District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Dr. Ajeet Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2015 Learned counsel for the petitioners submits that the petitioner no. 1, Ramashish Rai, has already been arrested. Accordingly, the anticipatory bail of petitioner no. 1 is dismissed as has become infructuous.
Heard both sides.
The petitioner no. 2, namely, Devendra Thakur, apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code.
The petitioner no. 2 is named in the F.I.R. along with other accused persons but the informant made very specific allegation against Sanjay Rai that on the order of Shambhu Prasad Rai, Sanjay Rai fired repeatedly. Ram Iqbal Rai fired which hit in the knee of the informant. When other persons came, the accused
Patna High Court Cr.Misc. No.16873 of 2015 (3) dt.01-07-2015 2/2 persons also assaulted them.
The petitioner no. 2 is, of course, named in the F.I.R. but no specific allegation of assault is made against the petitioner no. 2. The occurrence took place due to land dispute. Considering the facts aforesaid, the petitioner no. 2 Devendra Thakur, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in Adapur P.S. Case No. 148 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T