Suresh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33264 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Suresh Rai son of Bhagya Narayan Rai

2. Birendra Rai son of Satanarayan Rai

3. Nand Kishore Rai son of Ram Narayan Rai All resident of village Rampur Parori P. s. Sitamarhi District Sitamarhi . .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nirmal Kumar Sinha-3 For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 12-03-2015 Heard the learned counsel for the informant. The petition on behalf of petitioner nos.2 and 3 has become infructuous, as they have been arrested. Petitioner no.1 Suresh Rai apprehends arrest in relation to Sitamarhi P.S. Case No. 11/2014, instituted under sections 147, 148, 149, 447, 341, 323, 324, 307 and 504 of the Indian Penal Code.

Learned counsel for the petitioner draws attention of this Court to the fact that there is a counter-case. There being land dispute between the parties. Both sides are injured, but there is no

Patna High Court Cr.Misc. No.33264 of 2014 (4) dt.12-03-2015 2 / 2 mention of injury on the prosecution parties. Injuries are not such as to draw inference of assault with the intent to kill. Be that as it may, it is directed that in the event of arrest or surrender within four weeks from today, the petitioner Suresh Rai shall 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 Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S.Case No. 11/2014, subject to the conditions as laid down under section 438(2)Cr.P.C.

(Navaniti Prasad Singh, J) B.Roy/- U