Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36731 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

Suresh Rai, aged about 40 years, Male, Son of Late Shivnath Rai Resident of Village-Idilpur, P.S.-Dariyapur, District-Saran at Chapra. 2.

Ravindra Rai @ Ravindra Kumar, aged about 35 years, Male, Son of Late Shivnath Rai Resident of Village-Idilpur, P.S.-Dariyapur, District-Saran at Chapra.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Dariyapur P.S. Case No. 3 of 2019 registered under Sections 341/323/324/307/504/506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that in the present case the F.I.R. has been lodged one day after the alleged occurrence. There is a case and counter case. In the counter case the informant side of the present case were accused, they have caused grievous injury to petitioner no. 1 of this case and the accused Lorik Rai of the said counter case who had caused grievous injury has been granted anticipatory bail by learned

Patna High Court CR. MISC. No.36731 of 2019(2) dt.13-06-2019 2/3 coordinate Bench of this court.

It is submitted that so far as these petitioners are concerned, they are said to have assaulted but the nature of injuries found in Annexure '3' are simple in nature. It is also submitted that the parties are own gotias and seems to have entered into a free fight between both the parties and both the parties have assaulted each other.

Learned A.P.P. for the State is present and even though he has opposed the prayer for anticipatory bail it is not in dispute that there is case and counter case and the accused of the counter case has got anticipatory bail by a learned coordinate Bench of this court.

In the facts and circumstances of the case considering the nature of relationship between the parties and the fact that these petitioners are said to have caused simple injuries whereas the accused of counter case who has caused grievous injuries has been granted privilege of anticipatory bail by learned coordinate Bench of this court, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.36731 of 2019(2) dt.13-06-2019 3/3 satisfaction of learned A.C.J.M.-IV, Saran at Chapra, in connection with Dariyapur P.S. Case No. 3 of 2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T