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Patna High CourtCR. MISC./31238/2017bail granted

Kapildeo Rai And ORS v. The State Of Bihar

2017-07-17Mr. Justice Sanjay Kumar2 pages

Patna High Court Cr.Misc. No.31238 of 2017 (2) dt.17-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31238 of 2017 Arising Out of P.S.Case No. -143 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Kapildeo Rai, Son of late Sagina Rai,

2. Biteshwer Rai, Son of Kapildeo Rai,

3. Deepak Kumar, Son of Sheoji Singh,

4. Ram Naresh Rai Son late Yadubans Rai

5. Sushil Rai @ Soshil Rai S/o Late Sant Lal Rai, All are Resident of Village and P.O. Bhulasi tola, P.S.-Maner, District-Patna. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Md. Helal Ahmad, Advocate For the Opposite Party : Mr. Sri Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-07-2017 Heard.

2. The petitioners apprehend arrest in connection with Maner P.S.Case No.143 of 2017 registered for an offence under Sections 147, 148, 149, 341, 323 and 307 of the IPC and Section 27 of the Arms Act.

3. It is submitted that on 01.04.2017 at about 8.30 A.M. these petitioners and one or two others armed with deadly weapon came and assaulted the informant and his family members. Out of them, one Shivjee Singh (not petitioner) shot fire, which caused injury to one Babita Devi. The cause of occurrence has been alleged to be land dispute between the parties.

Patna High Court Cr.Misc. No.31238 of 2017 (2) dt.17-07-2017 Annexure-3 has been enclosed to show that the main accused Shivjee Singh has filed a case No.11 of 2011 before the Gram Kachhari which was allowed against the informant. There is counter version also and a complaint case no.322 of 2017 has been filed by the wife of Shiv Kumar Singh @ Shivjee Singh. The allegation of causing fire arm injury is against other accused. These petitioners are family members and relative of said coaccused.

4. However, learned APP opposed the submissions.

5. In view of the aforesaid facts prayer of anticipatory bail is allowed. 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 in connection with Maner P.S.Case No.143 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-Ist, Danapur subject to the conditions as laid under Section 438(2) of the Cr.P.C. (Sanjay Kumar, J) B.Kr./- U T