Shiv Shankar Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53755 of 2015 Arising Out of PS.Case No. -474 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Shiv Shankar Rai

2. Uma Shankar Rai, Both are Sons of Late Siya Prasad Rai Both R/o Vill. - Bilandpur @ Bilanpur, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-02-2016 Heard counsel for the petitioners, the informant as well as the State.

The petitioners apprehend their arrest in connection with Runnisaidpur P.S. Case No. 474 of 2015 registered under section 307,379 and other allied sections IPC including section 27 of the Arms Act.

After some arguments, counsel for the petitioners seeks permission of the Court to withdraw this application so far as petitioner no.1 Shiv Shankar Rai is concerned. Prayer is allowed. The application is dismissed as withdrawn. Petitioner no.1 may surrender and seek bail in the court below.

It is contended that against petitioner no.2 the allegation is

Patna High Court Cr.Misc. No.53755 of 2015 (3) dt.15-02-2016 2/2 of causing injury not on the head but other part of the body in respect of which there is no injury report on record. He has no criminal antecedent. There is a counter version also in the shape of Annexure-2.

Having heard the counsel for the petitioner, the informant as well as the State, I am persuaded to extend petitioner no.2 Uma Shankar Rai the privilege of anticipatory bail. Accordingly, in the event of arrest/surrender within four weeks from today, he shall be leased on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction ACJM, Sitamarhi in connection with Runnisaidpur P.S. Case No. 474 of 2015 on conditions that one of the bailors shall be his own/close family members. In the event of framing of charge the petitioner shall appear in person on the date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T