Jannu Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23777 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Jannu Rai, son of Dashrath Rai.

2. Ram Ishwar Rai, Son of Dashrath Rai.

3. Lalu Rai, Son of Dashrath Rai.

4. Tuntun Rai, Son of Jannu Rai,

5. Naresh Rai @ Manta Rai, Son of Jannu Rai,

6. Kani Rai, Son of Jannu Rai,

7. Santa Rai, Son of Jannu Rai,

8. Dharmendra Rai @ Dharmendra Kumar Rai, Son of Jannu Rai,

9. Santosh Rai @ Timal Rai, Son of Ram Ishwar Rai.

10. Arjun Rai, son of Parmeshwar Rai.

11. Kanhai Rai, Son of Lalu Rai.

12. Bhola Rai, Son of Lalu Rai. All Resident of Village- Jadhua, P.S.- Hajipur Town, Dist.- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Learned counsel for the petitioners seeks permission to withdraw anticipatory bail petition of petitioner no. 8 Dharmendra Rai who is alleged to have assaulted Sunil Kumar causing grievous injury.

Prayer is allowed. The anticipatory bail petition of petitioner no. 8 is dismissed as withdrawn.

Heard both sides.

The petitioners apprehend their arrest in Hajipur Town P.S. Case No. 73/2017, registered for the offences punishable under Section 307 and other sections of the Indian

Patna High Court Cr.Misc. No.23777 of 2017 (2) dt.14-07-2017 2/2 Penal Code, section 27 of the Arms Act and sections 3/4 of the Explosive Substances Act.

Learned counsel for the petitioners submits that the informant was illegally selling liquor for that Jannu Rai petitioner no. 1 lodged Hajipur (Town) P.S. Case No. 72/2017 against Manoj Rai and others. To save the skin, the informant Manoj Rai lodged this case. There is no specific allegation of assault against the petitioners. Santosh Rai (petitioner no. 9) assaulted the informant on his head by the butt of pistol, Santa Rai (petitioner no. 7) is alleged to have assaulted the informant on the chest, but the informant got simple injury on his head and other parts of the body.

Considering the facts aforesaid and the fact that there is counter version and the informant got simple injuries, the petitioners above-named except petitioner no.8, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 73/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T