Shiv Dahin Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39354 of 2019 Arising Out of PS. Case No.-345 Year-2018 Thana- SAHPUR District- Patna ====================================================== 1.
SHIV DAHIN RAI S/o Late Jamun Rai Resident of Village- Mathiyapur, P.S.- Shahpur, District- Patna.
2.
Mantu Rai @ Mantu Kumar Son of Shiv Dahin Rai Resident of VillageMathiyapur, P.S.- Shahpur, District- Patna. 3.
Vicky Kumar @ Vicky Rai Son of Shiv Dahin Rai Resident of VillageMathiyapur, P.S.- Shahpur, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Shahpur P.S. Case N0. 345 of 2018, disclosing offences under Sections 147,148,149,341,323,504,379 and 307 of the Indian Penal Code.
It is evident from the First Information Report that because of some trivial dispute between the two families, who are next door neighbours, the occurrence had taken place, leading to filing of case and counter case. Shahpur P.S. Case No. 343 of 2018 was filed in respect of the occurrence said to have taken place on the same day at the same time in relation to the same occurrence. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.39354 of 2019(2) dt.27-06-2019 2/2 that no injuries appear to be grievous in nature. It has also been submitted that if any application for anticipatory bail is filed on behalf of the accused in Shahpur P.S. Case No. 343 of 2018, the informant shall not oppose any such prayer.
Considering the above submission, this application is allowed.
Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- I, Danapur in Shahpur P.S. Case No. 345 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/- U