Anil Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69087 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ======================================================

1. Anil Rai, Son of Lal Babu Rai

2. Ranjan Kumar, Son of Jagarnath Rai @ Jagarnath Ray

3. Nagendra Rai, Son of Late Thakur Rai All Resident of Village-Dharmbari, Police StationBaikunthpur, Distt.-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 The petitioners seek bail in anticipation of their arrest connection with Baikunthpur P.S. Case No. 113 of 2018, dated 18.05.2018, instituted for the offences under Sections 341, 323, 324, 325, 308, 427 and 354B of the Indian Penal Code.

Because of a dispute over measurement of land, an occurrence took place in which the informant, his father and

Patna High Court Cr.Misc. No.69087 of 2018(2) dt.18-12-2018 2/3 his other family members have been assaulted. The learned counsel for the petitioners has submitted that there is a counter version of the occurrence as well vide Baikunthpur P.S. Case No. 114 of 2018 in which, many persons of the side of the petitioners have also received injuries. The injuries received by the victims of the present case are all simple in nature, which fact is evident from Annexure-2 series to this petition. The allegation under Section 354B of the Indian Penal Code, it has been argued, has been added only to add serious colour to the present case. The reason for the occurrence, which has been admitted in the F.I.R., is the dispute over measurement of land which was done few days prior to the occurrence.

Regard being had to the aforesaid facts as also the clean antecedents of the petitioners above named, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.69087 of 2018(2) dt.18-12-2018 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Gopalganj in connection with Baikunthpur P.S. Case No. 113 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T