Naveen Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38661 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================
1. Naveen Rai Son of Ram Kalyan Rai
2. Sujeet Rai
3. Rakesh Rai Both sons Bhagji Rai
4. Vinod Rai
5. Pramod Rai Both sons of Shubh Narayan Rai
6. Raj Kishore Rai
7. Sheojee Rai Both sons of late Ganga Rai All residence of Village - Basarpur, P.s Tariyani, District Sheohar, Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiv Sager Sharma For the Opposite Party/s : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsels for the petitioner, informant and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The prosecution case is that Ramadhin Rai assaulted Raghuveer Rai whereas other accused persons including the petitioners assaulted the informant and informant's brother Ajit. It is submitted by learned counsel for the petitioner that for the occurrence of 25.01.2015, the FIR was registered on 28.01.2015 whereas petitioners' side lodged a case for the same
Patna High Court Cr.Misc. No.38661 of 2015 (3) dt.24-09-2015 2/2 occurrence on 28.01.2015 and petitioners' side also received injuries. Though, Raghuveer Rai received injury but he was being assaulted by co-accused Ramadhin Rai who is not the petitioner before this Court. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. It is submitted by learned counsel for the informant that all the accused persons were sharing common intention in making assault and with regard to some of the injuries of the informant's brother, the opinion has been kept reserved.
Considering the delayed lodging of the FIR and the FIR lodged by the petitioners' side at earlier point of time, 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 A.C.J.M., Sheohar in connection with Tariyani P.S. Case No. 12 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T