Upendra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46852 of 2016 Arising Out of PS.Case No. -18 Year- 2012 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Upendra Rai, Son of Ramashish Rai.

2. Sunil Rai, Son of Ramvilash Rai.

3. Ajay Rai, Son of Rambabu Rai.

4. Bijay Rai, Son of Late Lalbabu Rai.

5. Santosh Rai, Son of Maheshwar Rai.

6. Ramnath Rai, Son of Late Rameshwar Rai.

7. Rajkishor Rai, Son of Late Sukan Rai.

8. Nagendra Rai, Son of Ramachbila Rai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 147, 341, 323, 353, 379, 504, 506 of the Indian Penal Code.

The first information report goes to show that there was land dispute and a proceeding under Section 144 of the Cr.P.C. had been initiated and in that proceeding, the land in question was attached under Section 146 of the Cr.P.C. Furthermore, the first information report goes to show that revenue Karamchari along with one private Ameen had gone to

Patna High Court Cr.Misc. No.46852 of 2016 (2) dt.26-10-2016 2/2 take measurement of the aforesaid land and while they were returning, the F.I.R. named accused including petitioners made captive to them and not only assaulted them but also snatched the articles belonging to them. Moreover, neither the revenue Karamchari nor the private Ameen lodged any case rather they gave written report to concerned Circle Officer, who having got conducted enquiry, lodged the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri M.K. Sahi, Judicial Magistrate 1st Class, Motihari in connection with Dumaria Ghat P.S. Case No. 18 of 2012. (Hemant Kumar Srivastava, J) SHAHZAD/- U T