Patna High CourtCR. MISC./30748/2014bail granted

Nago Rai And ORS v. The State Of Bihar

2015-01-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30748 of 2014 Arising Out of PS.Case No. -71 Year- 2014 Thana -PANDARAK District- PATNA ======================================================

1. Nago Rai Son of Late Ramashis Rai

2. Sudesh Rai @ Subanshi Rai Son of Late Ramashis Rai

3. Arvind Rai Son of Nago Rai

4. Nitish Rai Son of Nago Rai

5. Ashwani Rai @ Ashwin Rai Son of Nago Rai All resident of villageSarhan, Police Station- Pandarak, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Md. Ansharul Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard the parties.

In this application for anticipatory bail the petitioners apprehend their arrest for the offence punishable under sections 341, 323, 307 and 504/34 of the I.P.C.

For not paying the money for fighting the case with Kedar Rai the petitioners started assaulting the informant and then due to alarm being raised by his brother Karu Gope the petitioners fled away.

Submission is that there is case and counter case. The injuries found on the person of the informant are simple in nature caused by hard and blunt substance. No offence under section 307

Patna High Court Cr.Misc. No.30748 of 2014 (2) dt.22-01-2015 2/2 I.P.C. is made out and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that the injury has been caused on the head.

In the facts and circumstances as stated above, considering that there is case and counter case and the injuries found on the person of the informant are simple in nature and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. A.C.J.M. Barh in Pandarak P.S. Case No. 71 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T