Bhola Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13811 of 2019 Arising Out of PS. Case No.-71 Year-2017 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

BHOLA RAI Son of Late Kali Rai 2.

Birendra Rai Son of Ramadhar Rai 3.

Ramadhar Rai Son of Late Mahali Rai 4.

Jagu Rai Son of Mahabir Rai 5.

Lal Kishore Rai Son of Bhola Rai All resident of Village - Rampur Khajuria, P.S.- Dumariya Ghat, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Dumariya Ghat P.S.Case no.71 of 2017 dated 15.5.2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 379 of the Indian Penal Code.

Allegation against the petitioner no.2 and other accused persons is of assault to the informant and others and the petitioner nos. 1, 3, 4 and 5 are also named in the FIR. Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.13811 of 2019(2) dt.06-03-2019 2/2 that except the petitioner no.2 no overtact has been alleged against the other petitioners.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that the allegation is against the petitoner no.2 and the injuries are grievous in nature.

Having heard both sides so far petitioner no.2 is concerned, I am not inclined to grant privilege of anticipatory bail, as such his prayer for anticipatory bail is rejected, however, the petitioner nos.1 Bhola Rai, 3. Ramadhar Rai, 4. Jagu Rai and

5. Lal Kishore Rai are concerned, the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, District East Champaran in connection with Dumariya Ghat P.S.Case No.71 of 2017 dated 15.5.2017, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With the above direction, this appeal is disposed of. chn/- (Vinod Kumar Sinha, J) U T