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Patna High CourtCR. MISC./32021/2014bail granted

Harendra Rai @ Harindra Rai @ Harendra Yadav And ORS. v. The State Of Bihar

2015-02-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32021 of 2014 Arising Out of PS.Case No. -141 Year- 2013 Thana -DUMRIAGHAT District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Harendra Rai @ Harindra Rai @ Harendra Yadav.

2. Nawal Rai.

3. Pappu Rai.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Ram Sewak Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 452, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the accused persons entered into the house of the informant when petitioner no. 1 Harendra Rai started abusing and on protest being made by the informant the petitioner nos. 1 and 2 and co-accused Mehir Rai inflicted injury with axe on the head of the son of the informant when the nephew of the informant Jai Prakash Yadav went to rescue the son of the informant then he was assaulted with Daab by petitioner no. 3 Pappu Rai causing injury on his

Patna High Court Cr.Misc. No.32021 of 2014 (3) dt.19-02-2015 2 / 2 head. Petitioner no. 2 Nawal Rai also caused injury to another nephew of the informant Ram Pravesh Rai. Petitioner no. 1 Harendra Rai caused knife injury to Brij Kishore Yadav.

It is submitted by learned counsel for the petitioners that except only one injury all injuries have been found to be simple superficial simple in nature. The accusation has been levelled in the background of land dispute. There is counter version of occurrence also. A statement has been made in paragraph no. 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Dumariyaghat P.S. Case No. 141 of 2013 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. East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T