Rajendra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57355 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajendra Rai, son of late Ramashish Rai,
2. Rikhdeo Rai, son of Rajendra Rai,
3. Maha Narayan Rai, son of Rajendra Rai,
4. Ajay Rai, son of Madho Rai,
5. Bhabhikhan Rai, son of Baburam Rai, all are resident of village- Barwa Purvi, P.S.-Lakhaura, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Muffasil (Lakhaura) P.S. Case No.158 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioner has submitted that, as a matter of fact, petitioner no.1 was going to plant Shagwan stump under the licence of social scheme over the land, then the informant of the present case along with others came and abused petitioner no.1 and also assaulted him on account of which he sustained injury for which petitioner no.1 has filed Mufassil
Patna High Court Cr.Misc. No.57355 of 2017 (3) dt.08-02-2018 2/3 (Lakhanura) P.S. Case No.169 of 2017 against the informant of this case and others.
In the instant case, allegation against petitioner no.1 is that he assaulted the informant with farsa on the head and petitioner no.2 assaulted him with Nalkatua on the head. There is no specific allegation against petitioner nos.3, 4 and 5. Case diary has been received in which injury report is available. The doctor has found only one injury on the person of the injured over left side of head, which was simple in nature caused by hard and blunt object.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Muffasil (Lakhaura) P.S. Case No.158 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be
Patna High Court Cr.Misc. No.57355 of 2017 (3) dt.08-02-2018 3/3 present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T