Sikandra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69376 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- BAUNSI District- Banka ======================================================
1. Sikandra Rai, Son of Sukhdeo Rai, Resident of VillageBrindavan, P.S.- Bousi, District- Banka.
2. Shaligram Rai, Son of Late Chetlal Rai,
3. Mantu Rai, Son of Bundi Rai,
4. Arjun Rai @ Paro Rai, Son of Late Chetlal Rai,
5. Naresh Rai, Son of Bundi Rai,
6. Prakash Rai, Son of Bundi Rai,
7. Sanjay Rai, Son of Late Chetlal Rai,
8. Binod Rai, Son of Paro Rai,
9. Bipin Rai, Son of Shaligram Rai, All Petitioner Nos.- 2 to 9 are resident of Village- Gidar Leela, P.S.- Bousi, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Nath Pandey For the Opposite Party/s :
Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 379, 307, 504, 506 and 34 of the Indian Penal Code.
The prosecution case, in brief, is that in course of returning the informant from the field , the accused persons surrounded him and started abusing him. On protest, the informant was assaulted by the accused persons.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.69376 of 2018(2) dt.30-11-2018 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The alleged occurrence is said to have taken place due to land dispute. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bousi P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V.//- U T