Balendra Rai @ Balinder Singh @ Balinder Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1442 of 2019 Arising Out of PS. Case No.-1017 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ======================================================
1. BALENDRA RAI @ BALINDER SINGH @ BALINDER RAI, Son of Mahendra Rai, Resident of Mohalla - Chata Chowk, Police Station -Kazi Mohammadpur, District - Muzaffarpur.
2. Nitesh Singh, Son of Rama Kant Singh, Resident of Mohalla - Ayachigram, Police Station - Ahiyapur, Distirct - Muzaffarpur.
3. Manoj Singh, Son of Gopal Singh, Resident of Mohalla - Chata Chowk, Police Station - Kazi Mohammadpur, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2019 This application, for grant of anticipatory bail, arises out of Ahiyapur P.S. Case No. 1017/18, disclosing offences under Sections 3147, 148, 149, 323, 341, 504, 324, 325, 307, 379 and 427 of the Indian Penal Code. Allegation against petitioner nos. 1 and 2 is of assault to informant by butt portion of pistol and by sword respectively and allegation against petitioner no. 3 assaulted Jogender Das with farsa on his head.
Submission of learned counsel for the petitioners is that so far the allegation that petitioner nos. 1 and 2 assaulted the informant by butt portion and sword is concerned, no injury report of the informant has been brought on record. So far the
Patna High Court Cr.Misc. No.1442 of 2019(2) dt.22-01-2019 2/2 injury inflicted by the petitioner no. 3 to Jogender Das is concerned, though the same is found to be grievous in nature but there is case and counter case between the parties and the persons from the side of petitioners also have received injuries. Heard learned A.P.P. also.
Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1017/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T