Chhathu Rai And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.47171 of 2015 (2) dt.16-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47171 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================
1. CHHATHU RAI SON OF SANT LAL RAI
2. SANT LAL RAI SON OF MAHAVIR RAI BOTH ARE RESIDENTS OF VILLAGE BEDAULI.P.S LALGANJ DISTRICT VAISHALI .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Ms. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Lalganj P.S. Case No. 124 of 2015 registered under Sections 147, 148, 149, 324, 325, 307, 341, 342, 504, 379 and 447 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that due to land dispute petitioners along with 13 others armed with weapons entered in the house of the informant, Amresh Rai, and co-accused, Bhag Narayan Rai gave order to kill the informant and his family members. On protest made by brother of informant, co-accused, Kapal @ Kapil Rai assaulted at his head through sword. At that time, other accused persons assaulted him through Lathi and Danda. When
Patna High Court Cr.Misc. No.47171 of 2015 (2) dt.16-10-2015 sister-in-law of the informant came to save him then Yugal Kishore Singh gave Farsa blow at her head. In the meantime, petitioner no.1 and one Police Rai cause injury through Garasha at the head of the father of the informant.
Learned counsel for the petitioners submits that occurrence took place due to land dispute and there is no specific over act against the petitioner no.2 to cause injury while allegation is against the petitioner no. 1 to gave Farsa blow at the head of the father of the informant but two lacerated wounds were found on the person the father of the informant caused by hard and blunt substance simple in nature.
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 six 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 124 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