Patna High CourtCR. MISC./60832/2018disposed

Dinesh Rai And ORS v. The State Of Bihar

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60832 of 2018 Arising Out of PS.Case No. -348 Year- 2018 Thana -SONEPUR District- SARAN ======================================================

1. Dinesh Rai, Son of Late Baidyanath Rai,

2. Santosh Rai @ Santosh Kr. Rai,

3. Mantosh Rai @ Mantosh Kr. Rai, both Sons of Bhola Rai,

4. Bihari Rai, Son of Late Sital Roy, All resident of Village- Sabalpur Newal Tola, P.S.- Sonepur, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

Since allegation against the petitioner-Santosh Rai @ Santosh Kr. Rai is of commission of injury at the head of the informant, I am not inclined to enlarge him on anticipatory bail for the reason that Santosh Rai @ Santosh Kr. Rai had knowledge that his act might cause death.

Patna High Court Cr.Misc. No.60832 of 2018 (2) dt.01-10-2018 2/2 Hence, prayer is refused.

Though allegation against other petitioners is specific of commission of assault. However, on non-vital part, injury was caused. Hence, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sonepur P.S.Case No. 348 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T