Patna High CourtCR. MISC./27698/2015bail granted

Kanhai Rai And ANR v. The State Of Bihar

2015-07-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27698 of 2015 Arising Out of PS.Case No. -236 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kanhai Rai Son of Chulhai Rai, null

2. Mantesh Rai, Son of Ramyash Rai, Both resident of village - Khoda, P.S. - Chiraiya, District- East Champaran. .

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and section 3(i)(x) of SC/ST (Prevention of Atrocities) Act. It is specifically alleged that Rajesh Rai assaulted with sword to the informant whereas co-accused Shiv Ratan assaulted with lathi to Binod Paswan and accused Kanhai Rai assaulted to Munna Paswan.

Statement has been made in paragraph 7 that Munna Paswan has not received any injury. There is no specific

Patna High Court Cr.Misc. No.27698 of 2015 (2) dt.22-07-2015 accusation against petitioner no. 2 Mantesh Rai. It is submitted that considering the accusation levelled in the background of fishery right, co-accused Anjesh Rai has been granted anticipatory bail by order dated 14.07.2015 vide Criminal Misc. No. 24684 of 2015.

Considering the abovementioned facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, 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 Chief Judicial Magistrate, Motihari in connection with Chiraiya P.S. Case No. 236 of 2014, G.R. No. 1488 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Dinesh Kumar Singh, J) Amin/- U