Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29885 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- PHENHARA District- East Champaran ====================================================== 1.

Surendra Rai Son of Yadolal Sah @ Jadulal Rai @ Yadolal Rai Resident of Village- Ratnwa, P.S- Phenhara, Dist- East Champaran 2.

Rakesh Rai @ Rakesh Kumar Son of Yadolal Sah @ Jadulal Rai @ Yadolal Rai Resident of Village- Ratnwa, P.S- Phenhara, Dist- East Champaran 3.

Pramod Rai Son of Yadolal Sah @ Jadulal Rai @ Yadolal Rai Resident of Village- Ratnwa, P.S- Phenhara, Dist- East Champaran 4.

Shailendra Rai Son of Yadolal Sah @ Jadulal Rai @ Yadolal Rai Resident of Village- Ratnwa, P.S- Phenhara, Dist- East Champaran 5.

Binda Rai Son of Late Jagan Rai Resident of Village- Ratnwa, P.SPhenhara, Dist- East Champaran 6.

Santosh Rai Son of Yogendra Rai Resident of Village- Ratnwa, P.SPhenhara, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Fenhara P.S. Case No. 110 of 2023 registered under Sections 147, 149, 341, 323, 324, 354(B), 379, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons including these petitioners assaulted informant and his

Patna High Court CR. MISC. No.29885 of 2024(3) dt.31-07-2024 2/2 family members, on account of which, they sustained injuries.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that there is case and counter case between the parties. The doctor has found the injuries simple in nature.

5. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Fenhara P.S. Case No. 110 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T