← Library
Patna High CourtCR. MISC./21487/2019disposed

Anil Rai v. The State Of Bihar

2019-06-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21487 of 2019 Arising Out of PS. Case No.-387 Year-2018 Thana- SAHPUR District- Patna ====================================================== 1.

ANIL RAI S/o Late Surendra Rai 2.

Ajay Rai S/o Late Devan Rai 3.

Tuntun Rai S/o Late Devan Rai All residents of village- Shiwalapar, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-06-2019 In view of submission of the learned counsel for the petitioners, petitioner nos. 1. Anil Rai 2. Ajay Rai have surrendered before the learned court below, in such view of the matter, this application against the petitioner nos. 1 and 2 stands dismissed as withdrawn.

Heard learned counsel for the parties.

So far petitioner no.3 (Tuntun Rai) is concerned, he is apprehending his arrest in connection with Shahpur P.S.Case No.387/18 , registered for offences punishable under Sections 147, 341, 323, 326, 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner no.3 and other accused persons is of assaulting the informant and there is specific

Patna High Court CR. MISC. No.21487 of 2019(3) dt.24-06-2019 2/2 allegation against one Anil Rai that he fired. Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner and except only one injury, other injuries are found to be simple and admittedly there is land dispute between the parties.

Heard learned A.P.P. , who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner no.3, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st at Danapur in connection with Shahpur P.S.Case No.387 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T