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Patna High CourtCR. MISC./60653/2017bail granted

Ravindra Rai And ANR v. The State Of Bihar

2017-12-19Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60653 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ravindra Rai, Son of Sri Ramchandra Rai, resident of Village- Bahuara Bhan, Police Station- Madhuban, District- East Champaran (Bihar).

2. Rambalak Rai, Son of Late Ram Swarup Rai, Resident of VillageBahuara Bhan, Police Station- Madhuban, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranvijay Singh For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners as well as learned counsel for the informant.

The petitioners seek regular bail in connection with Madhuban P.S. Case No.183 of 2017 registered for the offences punishable under Sections 147, 149, 447, 341, 323, 324, 307, 448,379, 354, 427, 504 and 506 of the Indian Penal Code. It has been submitted that the petitioners are agnates of informant and for land dispute the occurrence of assault took place in which both parties sustained injuries. There is also counter case from the side of petitioner i.e. Madhuban P.S. Case No.184 of 2017. In the said occurrence the informant, Gajendra Yadav sustained one incised injury on forehead which has been found simple in nature. The other injured Jitendra Yadav sustained

Patna High Court Cr.Misc. No.60653 of 2017 (2) dt.19-12-2017 incised injury on his forehead which has been found simple in nature. The petitioners are in custody since 26.07.2017 having clean antecedent.

The learned counsel for the informant opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of the learned A.C.J.M., East Champaran at Motihari in connection with Madhuban P.S. Case No.183 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) If the petitioners are found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

(Sanjay Kumar, J) U Harish/-