Darbari Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30619 of 2016 Arising Out of PS.Case No. -300 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Darbari Rai son of late Ram Bilash Rai

2. Ramesh Rai @ Ramesh Kumar son of Darbari Rai

3. Manoj Kumar son of Darbari Rai, All resident of village Bhudhar Tola (Jamogi Tola), Byapur, P.S. Maner, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the State : Mr. Nityanand Tiwary, APP For the Informant : Mr. Pramod Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioners, the State and the informant.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 341, 337 and 307 of the I.P.C. and Section 27 of the Arms Act.

The allegation against the accused persons including the petitioners is that they were members of the mob, who had started indiscriminate firing on the informant and other villagers with gun, rifle and country made revolver when they protested for illegal construction of wall on the road. In the occurrence three persons had received firearm injury and were sent to P.M.C.H. for treatment.

Patna High Court Cr.Misc. No.30619 of 2016 (5) dt.27-09-2016 It has been submitted on behalf of the petitioners that the petitioners are in custody since 14.6.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. There is admitted land dispute. General and omnibus allegation has been made against the petitioners. No specific injury has been attributed against them.

On behalf of the State and the learned counsel for the petitioners, it is submitted that the petitioners are named in the F.I.R. and have actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, it is directed that 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 learned Judicial Magistrate, Danapur, District Patna in connection with Maner P.S. case No.300 of 2015.

(Sudhir Singh, J) Narendra/- U T