Ganga Rai @ Ganga Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30796 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- CHENARI District- Rohtas ====================================================== 1.

GANGA RAI @ GANGA SINGH S/o Late Bandhu Rai Resident of VillageMalhipur, P.S-Chenari, District-Rohtas. 2.

Bajarangi Rai S/o Ganga Rai @ Ganga Singh Resident of Village-Malhipur, P.S-Chenari, District-Rohtas.

3.

Raju Sah S/o Rajendra Sah Resident of Village-Malhipur, P.S-Chenari, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Ajay Kr. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-01-2021 It has been stated by learned counsel for the petitioners that petitioner no. 1 has since been arrested. This application to the extent it relates to petitioner no. 1 stands dismissed as having become infructuous. Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chenari P.S. Case No. 54 of 2020, disclosing the offence under Sections 341, 323, 307, 504/506 of the Indian Penal Code. Petitioner no. 2 is the informant's first cousin whereas petitioner no. 3 a is co-villager of the informant. It is evident from the FIR itself that the land dispute between the parties was

Patna High Court CR. MISC. No.30796 of 2020(2) dt.08-01-2021 2/3 the reason behind the alleged occurrence for which the present FIR has been registered.

It has been pointed out that in respect of the same occurrence, Chenari P.S. Case No. 53 of 2020 has been registered in which the informant and others are named accused. On perusal of the order passed by the court below, whereby anticipatory bail application of these petitioners has been rejected, it transpires that the injury has been found to have been caused by hard and blunt substance which is simple in nature.

Considering the facts and circumstances, this application is allowed. Let petitioners no. 2 and 3, abovenamed, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Rohtas at Sasaram, in Chenari P.S. Case No. 54 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.30796 of 2020(2) dt.08-01-2021 3/3 part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T