Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43604 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

RAJ KUMAR RAI Son of Late Mathura Rai Resident of Village- Jamsaut, P.S.- Shahpur, District- Patna.

2.

Rajesh Kumar Rai @ Rajesh Kumar Son of Sri Raj Kumar Rai Resident of Village- Jamsaut, P.S.- Shahpur, District- Patna. 3.

Ramesh Kumar Rai @ Ramesh Kumar Son of Sri Raj Kumar Rai Resident of Village- Jamsaut, P.S.- Shahpur, District- Patna. 4.

Raju Driver @ Raju Kumar @ Raju S/o Sri Babu Saheb Rai Resident of Mubarakpur, Krishi Farm, 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.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2019 Heard the parties.

The petitioners seek pre-arrest bail in Sahpur P.S. Case No.157 of 2019 registered for the offence under Sections 341, 323, 379, 504, 307, 448 of the I.P.C.

Accusation is that in the morning of 15.04.2019 petitioner no.1, Raj Kumar Rai who happens to be the uncle of the informant, his two sons, petitioners no.2 and 3 including 4-5 unknown persons variously armed with deadly weapons entered into the house of the informant assaulted his brother and his mother Basanti Devi with iron rod causing injury on their head.

Patna High Court CR. MISC. No.43604 of 2019(2) dt.16-07-2019 2/2 At that time they also gave threatening that police would not do anything against them.

Learned counsel for the petitioners submits that petitioners no.1 to 3 are agnets of the informant. Occurrence of mar pit took place in which petitioners' side also sustained injury. He further submits that due to land dispute occurrence took place in which mother of the informant fell down and sustained injury. Moreover, only mother of the informant had sustained injury which is said to be simple in nature. The petitioners have got no criminal antecedent.

Having heard both sides and taking into consideration the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st ,Danapur, in Sahpur P.S. Case No.157 of 2019 subject to the conditions as laid down under Section 438 (2) Cr.P.S.. (Rajendra Kumar Mishra, J) aks/- U