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Patna High CourtCR. MISC./28331/2016bail granted

Raju Rai And ORS v. The State Of Bihar

2016-07-27Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28331 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -RIVILGANJ District- SARAN ======================================================

1. Raju Rai son of Sita Ram Rai @ Baiju Rai resident of VillageRatanpura, P.S.- Bhagwan Bazar, Distt- Saran.

2. Ram Ratan Rai

3. Sadhu Rai Both sons of Sita Ram Rai

4. Munilal Rai son of Dwarika Rai

5. Yogendra Rai @ Yogendra Kumar son of Sadhu Rai

6. Chandan Rai son of Vijay Rai All are resident of Village- Goria Chapra, P.S.- Rivilganj, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-07-2016 Heard Sri Mukesh Kumar Singh, learned counsel for the petitioners and learned A.P.P.

Six petitioners, apprehending their arrest in connection with Revilganj P.S. Case No. 30 of 2016, registered for the offence under section 307 and other allied sections of the Indian Penal Code, have prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioners that in between the petitioners' side and informant's side

Patna High Court Cr.Misc. No.28331 of 2016 (2) dt.27-07-2016 2/3 litigation was going since long, which fact has been incorporated in the present F.I.R. itself . By way of referring to Annexure -'2' to the present petition it has been argued that from the petitioners' side also on the same day an F.I.R. was lodged for the offences under section 307 and other allied sections of the Indian Penal Code vide Revilganj P.S. Case No. 31 of 2016. Besides this there is no specific allegation against the petitioners. The only allegation against Raju Rai (petitioner no. 1) has been made that he assaulted from the butt of the revolver and so far petitioner no. 5 is concerned there is allegation that he wrapped the neck of one Ram Babu Rai.

Learned A.P.P. has opposed prayer of anticipatory bail. However, keeping in view the fact that there is case and counter case in between the parties , nature of accusation and the fact which has been indicated in paragraph no. 3 of the petition that petitioners have got no criminal history, in the event of arrest or surrender within a period of six weeks from today, let the aforesaid six petitioners namely Raju Rai, Ram Ratan Rai, Sadhu Rai, Munilal Rai, Yogendra Rai @ Yogendra Kumar and Chandan Rai be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.28331 of 2016 (2) dt.27-07-2016 3/3 A.C.J.M. - 8, Saran at Chapra / concerned court in connection with Revilganj P.S. Case No. 30 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T