Daroga Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45028 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Daroga Rai, son of late Rudal Rai,

2. Kishore Rai, son of late Jhagru Rai.

3. Anil Kumar @ Anil Rai, son of late Bharat Rai.

4. Prayag Rai, son of Ramadhar Rai,

5. Anand Kumar @ Anand Rai, son of Harihar Rai.

6. Hiralal Kumar @ Hira Rai, son of Harihar Rai.

7. Munni Rai @ Munnilal Rai, son of Rudal Rai,

8. Harihar Rai, son of Sathu Rai, all are resident of Village- Lakshmipur Gadariya, P.S.- Raghunathpur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Turkauliya P.S. Case No.106 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. It is alleged that petitioner no.7 assaulted the Informant with farsa on his head. Besides this, there is no specific allegation against any other petitioners. In the written report, there is specific allegation against co-accused, Deepak Rai, of throwing acid over Ajay Rai causing serious injury to him.

Case diary has been received, wherein, Injury

Patna High Court Cr.Misc. No.45028 of 2017 (3) dt.18-10-2017 2/2 Report of the Informant is mentioned. The doctor has found only one injury on the head of the Informant and opinion was kept reserved. As such, there was no repetition.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Turkauliya P.S. Case No.106 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) JA/- U T