Bhola Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30165 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -PATORI District- SAMASTIPUR ======================================================

1. Bhola Rai

2. Rudal Rai Both Sons of Brahamdeo Rai

3. Sudhir Kumar Son of Bhola Rai

4. Mantun Kumar

5. Pintu Rai Both Son of Sankar Rai

6. Santosh Rai

7. Subodh Rai Both Son of Bindeshwar Rai All Resident of VillageBaghra, P.S. Patory (Mohanpur) Distt Samastipur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Section 302 and other minor Sections of the Indian Penal Code. All the seven petitioners are named in the first information report which has been lodged against altogether 20 persons including the petitioners and there is allegation against all the F.I.R. named accused persons that having armed with lethal weapons such as lathi, danda, farsa etc. assaulted the informant's father and others and in course of treatment, informant's father

Patna High Court Cr.Misc. No.30165 of 2016 (3) dt.04-10-2016 2/2 died.

Submission on behalf of the petitioners is that general allegation of assault has been levelled against all the accused persons including the petitioners and having more or less similar allegation, co-accused Shankar Rai and six others have already been granted privilege of bail whereas petitioners are in jail custody since long and the investigation against them has already been completed. It is also submitted that only 5 to 6 injuries were found on the person of the deceased and it is not specific as to who caused the aforesaid injuries.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Samastipur in connection with Patory (Mohanpur O.P.) P.S. Case No.159 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T