Yogendra Ray @ Yogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33826 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

YOGENDRA RAY @ YOGENDRA RAI SON OF RAMNATH RAY Resident of Village - Nayatola Bishunpura, P.S.- Chapra Mufassil, Distt.- Saran at Chapra.

2.

Rahul Kumar Son of Yogendra Ray @ Yogendra Rai Resident of Village - Nayatola Bishunpura, P.S.- Chapra Mufassil, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 325, 307, 504, 506, 354 and 379 of the Indian Penal Code as well as Section 27 of the Arms Act, registered in connection with Chapra Mufassil P.S. Case No. 219 of 2020.

As per allegation, eleven FIR named accused persons came to the house of the informant and on order of co-accused

Patna High Court CR. MISC. No.33826 of 2021(3) dt.06-04-2022 2/3 Chandeshwar Rai, they assaulted the informant. Chandweshwar Rai fired by a country-made pistol, but the informant saved himself. Biran Rai and Brajesh Rai assaulted Sarswati Devi and co-accused Raju Rai assaulted Sarswati Devi on her head. The learned counsel for the petitioners has submitted that the allegation is general and omnibus and there is no allegation against the petitioners of assaulting the informant and his family members. He has further submitted that there was previous land dispute between the parties and a partition suit being Partition Suit No.296 of 2005 is pending in the Court of Sub Judge-1, Chapra. He has also submitted that the petitioners are the persons of clean antecedents.

Considering the above facts and circumstances as well as the clean antecedents of the petitioners, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Mufassil P.S.Case No. 219 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.33826 of 2021(3) dt.06-04-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T