Ramanand Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25553 of 2015 Arising Out of PS.Case No. -135 Year- 2014 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================
1. Ramanand Rai son of Late Raghunath Rai
2. Pankaj Rai son of Ramanand Rai
3. Nanhak Rai @ Vinod Rai S/o Ramanand Rai
4. Rajiv Rai @ Rajiv Kr. Rai S/o Ramanand Rai
5. Shyam Babu @ Dhila Rai @ Shyam Babu Rai son of Late Raghunath Rai.
6. Deepak Rai son of Shyam Babu Rai.
7. Prem Rai son of Vidha Rai All resident of village - Terasiya Diyara, P.S.- Ganga Bridge, District- Vaishali.
8. Bilash Rai son of Meghan Rai resident of village- Sultanpur, P.S. Industrial Area Hajipur, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 325, 326, 341, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act. It is specifically alleged that Radhey Rai made two rounds of firing with country made pistol, one of which hit on the left thigh of the informant whereas co-accused Satyajeet Rai(non-petitioner) assaulted the brother of the informant and co-accused Shyam Babu(non-petitioner)
Patna High Court Cr.Misc. No.25553 of 2015 (2) dt.02-07-2015 2/3 assaulted with lathi to Bidyarthi Rai but there is general and omnibus accusation that when villagers came they were assaulted by all the accused persons.
It is submitted by learned counsel for the petitioners that assailant Radhey Rai and Satyajeet Rai are not petitioners before this Court.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the fact that there is specific accusation of assault against petitioner No. 5 namely Shyam Babu @ Dhila Rai, let learned Court below consider the prayer for regular bail of the petitioner No. 5, if petitioner No. 5 surrenders within a period of six weeks and pray for regular bail in connection with Ganga Bridge P.S. Case No. 135 of 2014, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur.
Accordingly the application with regard to petitioner No. 5 stands disposed of.
Considering the fact that there is no specific accusation of assault against petitioner Nos. 1, 2, 3, 4, 6, 7, 8 let the petitioner Nos. 1, 2, 3, 4, 6, 7 and 8, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.25553 of 2015 (2) dt.02-07-2015 3/3 satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 135 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T