Shila Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35193 of 2021 Arising Out of PS. Case No.-157 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== 1.

SHILA NATH RAI Son of Lat Baijnath Rai Resident of Village- Bajahiya, P.S.- Dariyapur, District- Saran at Chapra.

2.

MANTI LAL RAI Son of Lat Baijnath Rai Resident of Village- Bajahiya, P.S.- Dariyapur, District- Saran at Chapra.

3.

SANOJ RAI @ SANOJ KUMAR RAI Son of Shila Nath Rai Resident of Village- Bajahiya, P.S.- Dariyapur, District- Saran at Chapra. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh, Adv.

For the Opposite Party/s :

Mr. Awadhendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

At the outset, learned counsel for the petitioners has submitted that he wants to withdraw this anticipatory bail petition in respect of petitioner No. 2 as he has been arrested. Accordingly, anticipatory bail petition in respect of petitioner No. 2 is dismissed as withdrawn.

The petitioner Nos. 1 and 3 apprehend their arrest in connection with Dariyapur P.S. Case No. 157 of 2020, registered for the offences punishable under Sections147, 148, 149, 308, 323, 379,

Patna High Court CR. MISC. No.35193 of 2021(6) dt.16-05-2022 2/2 506 of the Indian Penal Code.

As per allegation petitioner No. 3 assaulted the informant on his head with lathi and petitioner No. 2 and 3 assaulted his brother Kunal Kumar with lathi.

Learned counsel for the petitioners has submitted that there is land dispute between the parties and the petitioners are the persons of the clean antecedents. The injuries sustained by the injured are simple in nature.

Learned Addl. P.P., although, opposed the prayer for bail but admitted fairly that injuries are simple in nature. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No. 157 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T