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Patna High CourtCR. MISC./20189/2016bail granted

Sunil Rai And ANR v. The State Of Bihar

2016-05-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20189 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -BANIAPUR District- SARAN ======================================================

1. Sunil Rai son of Bhagwanjee Rai

2. Nagendra Rai alias Nagendra S/o Ramayan Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code.

Prosecution case is that on 29.01.2016 at 2 PM the informant was erecting wall on his land when his agnates came and damaged the wall. On protest being made they assaulted the informant by pelting bricks, stones, lathi, and 'dab' causing injury on his hand. On alarm being raised, co-accused Lalsa Kumari and Fuleshwari Devi came and assaulted the informant by pelting bricks.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.20189 of 2016 (2) dt.09-05-2016 2/2 that there is counter version of the occurrence also wherein petitioners' side have also received injuries. The petitioners being agnate of the informant roped in the present case. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Baniapur P.S. Case No.31/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T