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Patna High CourtCR. MISC./34116/2015bail granted

Ashok Rai And ORS v. The State Of Bihar

2015-08-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34116 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ashok Rai, son of late Bindeshwar Rai

2. Jitu Rai @ Jitendra Rai, of late Jeo Nandan Rai

3. Ravi Rai @ Ravindra Rai, son of late Jeo Nandan Rai

4. Rajendra Rai, son of late Jeo Nandan Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 379, 354 and 427 IPC and 27 of the Arms Act. It is alleged that the FIR named accused persons including 10-15 unknown, entered into the house of the informant, when co-accused Birendra Rai resorted to three rounds firing to create terror whereas the co-accused Satyendra Rai made assault to the informant with axe but no injury caused to the informant and, thereafter, all the accused persons flee away from the place of occurrence.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.34116 of 2015 (2) dt.25-08-2015 2/2 that in the background of the serious land dispute, the accusation has been levelled. Admittedly, no injury was caused to the informant. There is counter version of the occurrence. Considering the accusation being levelled in the background of dispute with regard to possession of the property, in question, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, East Champaran, Motihari in connection with Rajepur P.S. Case No.100 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T