Nageshwar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37310 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Nageshwar Rai son of Rajendra Rai.

2. Ram Pukar Rai son of Ram Bilash Rai Both residents of village Lodipur P.S. Goraul, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,325,307 and 379 of the Indian Penal Code.

It is alleged that petitioner no. 1 Nageshwar Rai assaulted with dagger on the head of the informant causing cut injury and petitioner no. 2 Ram Pukar Rai assaulted with garasa causing injury on the leg of the informant. Co accused Ram Pravesh Rai tried to take away the motorcycle of the informant when the mother,

Patna High Court Cr.Misc. No.37310 of 2015 (2) dt.15-09-2015 2/3 brother and father of the informant came to rescue, they were also assaulted by co accused Nandu Rai, Nawal Rai and Nevi Rai. Co accused Ram Pukar Rai also caused garasa injury to the brother of the informant namely Animesh and co accused Deepak Kumar took away five thousand rupees from the pocket of the informant.

It is submitted by the learned counsel for the petitioners that for a petty dispute the accusation has been levelled. There is no accusation of repeating the blow and there is counter version of the occurrence also. More over, Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Learned counsel for the informant submits that there is specific accusation against the petitioners to have caused injury by sharp cutting weapon.

Let the learned court below consider the prayer for regular bail of the petitioners in case the petitioners surrender within six weeks from today in connection with Goraul P.S. Case No. 73 of 2015 pending in the court of learned S.D.J.M. Vaishali at

Patna High Court Cr.Misc. No.37310 of 2015 (2) dt.15-09-2015 3/3 Hajipur.

This application is disposed of with the aforesaid observation/direction.

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