Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 16033 of 2020 Arising out of PS Case No.-619 Year-2018 Thana-Maner District-Patna ===========================================================

1. Surendra Rai, male, aged about 50 years, Son of Late Babu Lal Rai @ Lal Babu Rai.

2. Umesh Rai, male, aged about 44 years, Son of Late Ram Jeewan Rai.

3. Manbodh Rai @ Manbodh Kumar, male, aged about 30 years, Son of Late Lalu Rai.

4. Mukesh Kumar, male, aged about 26 years, Son of Bachchu Rai. All R/o Village-Haldi Chhapra, P.S.-Maner, District-Patna. ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kripa Nand Jha, Adv. For the State : Md. Aslam Ansari, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03/- 03.09.2020 Heard Mr. Kripa Nand Jha, learned Advocate for the petitioners and Md. Aslam Ansari, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Maner P.S. Case No. 619 of 2018, dated 16.11.2018, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Because of a dispute over passage and flow of drainage water, a scuffle took place between the neighbours in which some of the persons are specifically alleged to have fired and assaulted the members of the prosecution party. It has been submitted on behalf of the petitioners that they have not been attributed with any specific role whatsoever, except for their having been named in the First Information Report. It has further been submitted that the petitioners are the neighbours of the informant and there is a counter version of the occurrence as well vide Maner P.S. Case No. 618 of 2018. Considering these facts, some of the similarly situated accused persons have been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 46437 of 2019 on 26.07.2019.

Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest/surrender before the Court below within a period of eight weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Danapur, Patna in connection Maner P.S. Case No. 619 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T