Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27543 of 2019 Arising Out of PS. Case No.-632 Year-2018 Thana- MANER District- Patna ====================================================== 1.

AJAY RAI 2.

Achchelal Rai 3.

Chhote Lal Rai 4.

Horil Rai All are sons of Muni Lal Rai 5.

Deo Raj Kumar @ Deo Raj Rai 6.

Sikander Kumar @ Sikendra Rai 7.

Ram Lal Rai All are sons of Daroga Rai 8.

Chunnu Kumar S/o Jay Prakash Rai All are resident of Dudhaila, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2019 Heard both sides.

The petitioners apprehend their arrest in Maner P.S. Case No.632 of 2018 registered under Section 307 and other Sections of the Indian Penal Code.

The informant at the first instance named seven accused persons and alleged that they all having armed with different weapons entered into her house assaulted his family members and Niraj Rai. Paltu Rai got injuries on head, Anjali

Patna High Court CR. MISC. No.27543 of 2019(2) dt.26-04-2019 2/3 also got injuries on head. Ramnath and Vijay got injuries on their fingers. Thereafter, Sikandar Rai, Ramlal, Pappu, Channu, Pramila Devi, Parvatiya Devi, Savita Devi, Sita Devi, Munni Devi, Somariya Devi and Sangeeta Devi came and took away different articles from her house.

The learned counsel for the petitioners submits that there is a counter version being Maner P.S. Case No.633 of 2018. There is omnibus and general allegation of assault. It is submitted that both the sides entered into scuffle and assault on each other. The accused of counter case being Maner Case No.633 of 2018 have already been granted anticipatory bail vide order passed in A.B.P. No.186 of 2019. It is further submitted that no specific allegation of assault is made against the petitioners.

Taking into consideration the fact that there is omnibus and general allegation of assault against the petitioners and there appears that both sides entered into mutual assault for each other for which case and counter case have been lodged, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each

Patna High Court CR. MISC. No.27543 of 2019(2) dt.26-04-2019 3/3 with two sureties of the like amount each to the satisfaction of Miss. Nutan Kumari, learned J.M. Ist Class, Danapur in connection with Maner P.S. Case No.632 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T