Butan Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25569 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Butan Rai , Son of Late Dawarika Rai,

2. Shankar Rai, son of Butan Rai

3. Prem Rai, son of Butan Rai All are Resident of Village- Jamuna Mathiya, Police Station- Chapra Muffasil, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh For the Informant : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the informant and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Chapra Mufassil Police Station Case No. 101 of 2017, disclosing offences under Sections 147, 148, 323, 341, 384, 386, 434, 504, 506 of the Indian Penal Code. The complaint case, lodged by the informant, is the basis for registration of the said case, under Section 156 (3) of the Code of Criminal Procedure,, 1973. It is evident from the First Information Report that there is land dispute between the parties and that is the reason for

Patna High Court Cr.Misc. No.25569 of 2017 (2) dt.07-07-2017 2/2 registration of the complaint case and subsequent First Information Report. It has also been submitted that there is a title suit pending between the parties.

Considering the above submission, this application is allowed.

Let the petitioners, Butan Rai, Shankar Rai and Prem Rai, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, at Chapra, in connection with Chapra Mufassil Police Station Case No. 101 of 2017, subject to the condition 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.) Prabhakar Anand/- U √ T √