Shiv Persan Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22163 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== 1.

SHIV PERSAN RAI Son of Late Shree Rai Resident of Village - Banwaripur, P.S. - Dariyapur, District - Saran at Chapra 2.

Guddu Kumar Son of Shiv Persan Rai Resident of Village - Banwaripur, P.S. - Dariyapur, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dariyapur P.S. Case No. 329 of 2018, disclosing offences under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

There is general and omnibus allegation in the FIR of making assault against some of the accused persons, including these petitioners with Lathi, Danda and iron rod. There is specific allegation against the co-accused Chhotelal Kumar of having assaulted the informant's son with an axe. Learned counsel, appearing on behalf of the petitioners, has submitted that all the accused persons named in

Patna High Court CR. MISC. No.22163 of 2019(2) dt.09-04-2019 2/2 the FIR, including female members of the family, have been made accused for obvious reason of some enmity. Considering the nature of accusation against these petitioners, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Saran at Chapra in Dariyapur P.S. Case No. 329 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T