Patna High CourtCR. MISC./17088/2017allowed

Mohan Rai And ORS v. The State Of Bihar

2017-07-01Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17088 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -MALSALAMI District- PATNA ======================================================

1. Mohan Rai, aged about 55 years, son of late Babu Lal Rai,

2. Mangal Gope, aged about 55 years, son of late Chalitra Rai,

3. Ashok Rai, aged about 40 years, son of late Funi Rai All residents of Marufganj, Pathar Ghat, P.S.- Malsalami, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Tilak Sao, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 337, 307, 427 of the Indian Penal Code and 27 of the Arms Act. The informant alleged that 28 accused persons variously armed came to his house and petitioner nos.1 and 2 have opened fire. The informant further alleged that all the accused persons also threw stone and bricks on his house. Learned counsel submits that some hot talks took place between the parties on account of land dispute. There is a case and counter case and the petitioners' side have also sustained serious injury. Furthermore, no one has sustained gun shot

Patna High Court Cr.Misc. No.17088 of 2017 (3) dt.01-07-2017 2/2 injuries. He further submits that 22 persons have already been granted anticipatory bail by order, dated 15.12.2016, passed in Cr. Misc. No. 47100 of 2016.

In the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, above named, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna City, Patna in connection with Malsalami P.S. Case No. 129 of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J) Uday/- U T