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Patna High CourtCR. MISC./51525/2017bail granted

Ram Babu Rai And ORS v. The State Of Bihar

2017-11-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51525 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -BELA District- SITAMARHI ======================================================

1. Ram Babu Rai, son of Late Phekan Rai,

2. Lal Babu Rai, son of Jogi Rai,

3. Shambhu Rai, son of Jogi Rai,

4. Jogi Rai @ Yogi Rai, son of Late Nathuni Rai, All resident of villageBathuyara, P.S. Bela, District-Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bela P.S. Case no. 162 of 2017, registered under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. The accusation is that 8 persons named in the F.I.R., including the petitioners, started to construct tank of the toilet over the land of the informant then informant made protest for which he was carried behind the school, where one Sheoji started pressing his neck and petitioner Rambabu Rai caused injury through knife, when Satya Narayan Rai and Badri Rai, sons of the informant, rushed to save him then they were also assaulted by the accused persons. Learned counsel for the petitioners submits that when the

Patna High Court Cr.Misc. No.51525 of 2017 (2) dt.02-11-2017 2/2 petitioners started construct the tank of toilet then some hot talks were exchanged. Moreover, the injuries found on the person of the informant and his both sons are simple in nature as per order dated 10.08.2017 vide A.B.P. No. 1149 of 2017 of the Sessions Judge, Sitamari in which the prayer of the petitioners have been rejected. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sadar, Sitamarhi in connection with Bela P.S. Case No. 162 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T