Sanjay Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55893 of 2017 Arising Out of PS.Case No. -179 Year- 2017 Thana -FATUHA District- PATNA ======================================================
1. Sanjay Rai,
2. Ajay Rai,
3. Ranjay Rai @ Ranjan Rai, All sons of Sakal Deo Rai,
4. Wakil Rai, son of Sukhdeo Rai,
5. Randhir Rai, Son of Wakil Rai,
6. Indrajit Rai @ Anarjit Rai, Son of Upender Rai, All resident of Village- Pitambarpur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Fatuha P.S. Case No. 179 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 504, 307 and 379of the Indian Penal Code. In the written report there is general and omnibus allegation against the petitioners that they came to the Darwaza of the informant and assaulted him and his other family members with lathi.
It has been submitted that there is old land dispute between the informant and the petitioners. The father of petitioner
Patna High Court Cr.Misc. No.55893 of 2017 (2) dt.23-11-2017 2/3 No. 6 has filed Fatuha P.S. Case No. 178 of 2017 against the informant and other five persons for the same occurrence and his statement was recorded in N.M.C.H. Patna on 23.5.2017. It has further been submitted that other co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.09.2017 passed in Cr. Misc. 46605 of 2017. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Fatuha P.S. Case No. 179 of 2017, they shall 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 satisfaction of learned Chief Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.55893 of 2017 (2) dt.23-11-2017 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T