Birbal Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2128 of 2016 Arising Out of PS.Case No. -143 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birbal Rai son of Kapildeo Rai

2. Rajesh Rai son of Kapildeo Rai Both are residents of Village- Bhaserwa, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Ghorasahan P. S. Case No. 143 of 2014 registered under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

It is contended that all the offences apart from Section 307 of the Indian Penal Code are bailable in nature. It is further contended that Section 307 of the Indian Penal Code is not attracted as there is no allegation of repetition of any blow and the informant or anyone else has not sustained any injuries. The real fact is that the present case has been instituted in retaliation

Patna High Court Cr.Misc. No.2128 of 2016 (2) dt.18-01-2016 2/2 to Ghorasahan P. S. Case No. 144 of 2014 registered on the same day on the basis of statement given by co-accused Pramod Prasad Yadav inter alia under Section 307 of the Indian Penal Code.

Regard being had to the submissions made by the learned counsel for the petitioners as also the fact that the Sessions Court has clearly held in the impugned order that there is no injury report in the case-diary, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran in Ghorasahan P. S. Case No. 143 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T