Patna High CourtCR. MISC./12806/2015bail granted

Satendra Rai And ANR v. The State Of Bihar

2015-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12806 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -NARAINPUR District- BHOJPUR ======================================================

1. Satendra Rai

2. Sanjay Rai Both sons of Late Nand Lal Rai resident of village - Kurmi Chak, P.S. Narayanpur, District - Bhojpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar No.6 For the Opposite Party : Mr. Smt. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 324, 341, 379, 34 of the I.P.C.

Accusation is of making assault to the informant and taking away jewellary.

It is submitted by learned counsel for the petitioners that there is no injury report on record. The injury report was also called for by the learned Court below but the same was not produced. A statement to that effect has been made in para 10 of the petition which reads as follows:- "That so far injury as alleged upon the informant is concerned for which report was called for but the injury

Patna High Court Cr.Misc. No.12806 of 2015 (2) dt.26-03-2015 2/2 was not produced as such no offence at all be made out against the petitioners"

More over the cased lodged by the petitioners' side is at earlier point of time and Title Suit No. 25 of 2014 is pending between the parties.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Narayanpur P.S. Case No. 72 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T