Satnarayan Rai And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.29545 of 2017 (3) dt.21-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29545 of 2017 Arising Out of PS.Case No. -435 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Satnarayan Rai, Son of Late Ramjee Rai,
2. Radhe Shyam Kumar, Son of Satnarayan Rai,
3. Lalari Devi W/o Satnarayan Rai, All Resident of Village- Barwa Tola, P.S.- Lakhaura, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Muffasil (Lakhaura) Police Station Case No. 435 of 2016, disclosing offences under Sections 147, 148, 149, 323, 324, 325, 308, 354 and 379 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that there is land dispute between the parties in which altercation took place and a case and counter has been lodged by both the parties as both of them have sustained injuries. According to annexure-3, injuries sustained by the informant side are simple
Patna High Court Cr.Misc. No.29545 of 2017 (3) dt.21-07-2017 in nature caused by hard and blunt substance. The petitioners have also sustained injuries, which is evident from the supplementary affidavit filed by the petitioners. Hence, the petitioners, who are said to be of clean antecedents, deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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, East Champaran at Motihari, in connection with Muffasil (Lakhaura) Police Station Case No. 435 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T