Braj Kishore Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18276 of 2017 Arising Out of PS.Case No. -317 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Braj Kishore Rai

2. Sri Bhagwan Rai, both son of Indradeo Rai, Resident of Village - Dilawarpur, P.S. - Lalganj, District - Vaishali. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sunil Kumar, Advocate.

For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioners apprehend their arrest in Lalganj P.S. Case No. 317 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. Premshila Kumari the informant named the petitioners along with other accused persons and alleged that Braj Kishore Rai, the petitioner no. 1, assaulted with sickle and Sri Bhagawan Rai, petitioner no. 2, assaulted with butt of pistol on her head. It is further alleged that Minakshi Kumari and Vikash Kumar came to save the informant, Sumitra Devi assaulted Minakshi Kumari with iron rod on her head and Ramo Devi assaulted Vikash Kumar. Learned counsel for the petitioners submits that there is a counter version. There is a land dispute between the two sides and a suit has already been decided in favour of the petitioners for

Patna High Court Cr.Misc. No.18276 of 2017 (4) dt.13-07-2017 2/2 which Request Case No. 1 of 2012 is pending. It is further submitted that the petitioners are alleged to have assaulted the informant who got simple injuries.

Considering the facts aforesaid and the fact that the petitioners are alleged to have assaulted the informant who got injuries and from perusal of the injury report and supplementary injury report of the informant it appears that the informant got simple injuries, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Sessions Judge, Hajipur in Lalganj P.S. Case No. 317 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T