Abhishek Rai @ Abhishek Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27487 of 2015 Arising out of PS.Case No. -69 Year- 2015 Thana -DUMRA District- SITAMARHI ======================================================
1. Abhishek Rai @ Abhishek Kumar, Son of Sri Mahesh Rai.
2. Rajeev kumar, son of Sri Mahesh Rai.
3. Harendra Kumar, son of Late Jagdish Rai. All residents of VillageMadhopur Raushan Bhisa, P.S- Dumra, District Sitamarhi.
4. Lal Babu Rai@Lallu Rai, son of Late Lagan Rai. Residents of Village Pachharwa, P.S Majoerganj, District Sitamarhi. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pushpendra Kumar Singh, Advocate. For the Opposite Party : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Dumra P.S. Case No. 69 of 2015 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the IPC.
The prosecution story, in brief, is that on the date of occurrence, these petitioners and other accused-persons armed with deadly weapons, surrounded the informant. It is further alleged that accused Rajeev Kumar (petitioner no. 2) assaulted the informant with Garasa. The family members of the informant, as
Patna High Court Cr.Misc. No.27487 of 2015 (3) dt.24-09-2015 2/3 mentioned in the written-report, arrived to save the informant then Rajeev Kumar assaulted Arvind Kumar with Garasa on his head. It is further alleged that accused Abhishek Rai (petitioner no. 1) assaulted Vishal Kumar with Iron rod causing injury in his hand. Accused Harendra Kumar (petitioner no. 3) assaulted Ravish Kumar with Iron rod, causing cut injury in his head. Accused Lallu Rai assaulted Lalit Rai with Iron rod on his head, causing cut injury. All the injured were brought to the police station in the injured condition. The condition of the informant was serious. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case. From perusal of the injury report which is Annexure4 it would appear that the nature of injury is simple. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Dumra P.S. Case No. 69/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, subject to the
Patna High Court Cr.Misc. No.27487 of 2015 (3) dt.24-09-2015 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T