Santosh Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.42584 of 2015 (2) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42584 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -DARIYAPUR District- SARAN ======================================================

1. SANTOSH RAI

2. MUKESH RAI

3. RAJESH RAI, ALL ARE SONS OF MAHENDRA RAI, ALL RESIDENT OF VILLAGEKHAJUHATTA, P.S DARIYAPUR, DISTRICT SARAN AT CHAPRA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Smt.Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dariyapur P.S. Case No. 105 of 2015 registered under Sections 147, 148, 341, 323, 324, 307 and 379 of the Indian Penal Code.

The accusation is that petitioners along with four others armed with iron rod and farsa entered in the house of informant, where petitioner no.1 caused injury to the informant and petitioner nos. 2 and 3 also caused injury to Sangita Devi. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.42584 of 2015 (2) dt.08-10-2015 occurrence took place due to partition of the land, in which, petitioner no. 1 also sustained injury and regarding the same occurrence petitioner no. 1 has also lodged a case bearing Dariyapur P.S. Case No. 129 of 2015 against the informant of the present case and others. It is further submitted that injuries found on the persons of injured are simple in nature caused hard and blunt substance.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Dariyapur P.S. Case No. 105 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T