Jai Kumar Rai @ Jai Kumar Ray And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54319 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- PATORI District- Samastipur ======================================================
1. Jai Kumar Rai @ Jai Kumar Ray, son of Late Ayodha Ray.
2. Mukesh Rai @ Mukesh Kumar Ray, son of Raj Kumar Ray, resident of Village- Araiya, P.S. Patory, District Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Sri Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Patory P.S. Case No. 113 of 2018 registered under Sections 307, 323, 324, 341, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that, in the morning of 23.04.2018, the informant, Punrik Rai, returning to house then four persons named in the F.I.R. including the petitioners tried to stop the informant. When the informant started to move there then petitioner no. 1, Jai Kumar @ Jaikumar Ray, caught hold his bicycle as a result of which he fell down and thereafter, petitioner no. 1 caused injury at his head through iron rod. In the meantime, other co-accused started to press her chest and neck. When Saroj Rai, nephew of the informant, rushed to save him then Mukesh Rai, petitioner no. 2, gave Farsa blow at the
Patna High Court Cr.Misc. No.54319 of 2018(2) dt.28-09-2018 2/2 head of nephew of the informant. In course of Marpit, co-accused, Rakesh Rai, snatched cash of Rs.20,000/- from his pocket and gold chain from the neck of his nephew, Saroj Rai. Learned counsel for the petitioners submits that petitioners are the co-villagers of the informant and due to petty dispute, hot talk was exchanged due to that reason the present case has been lodged with false allegation. Moreover, the injuries, as found on the person of the informant and his nephew, are simple in nature caused by hard and blunt substance.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate, Samastipur, in connection with Patory P.S. Case No. 113 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T