Mahesh Rai @ Mahesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2923 of 2021 Arising Out of PS. Case No.-49 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

Mahesh Rai @ Mahesh Ray Son of Late Radhe Kishun Roy Resident of Village- Begampur, P.S.- Warisnagar, Distt- Samastipur. 2.

Chandan Rai @ Chandan Ray S/o Mahesh Rai @ Mahesh Ray Resident of Village- Begampur, P.S.- Warisnagar, Distt- Samastipur. 3.

Raja Kumar @ Rana Kumar S/o Umesh Rai @ Umesh Ray Resident of Village- Begampur, P.S.- Warisnagar, Distt- Samastipur. 4.

Bimlesh Rai @ Baimlesh Ray S/o Ram Bahadur Rai Resident of VillageBegampur, P.S.- Warisnagar, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap- Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-07-2021 Heard Mr. Mahendra Pratap, the learned Advocate for the petitioners and Mr. Uday Pratap Singh, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Warisnagar P. S. (Mathurapur O.P.) Case No.49 of 2019, instituted for the offences under Sections 323, 325, 34, 341, 379, 427, 504 and 506 of the Indian Penal Code. The accusation in the F.I.R. is of the petitioners assaulting the informant and others and of divesting them from their personal belongings. There is a counter-version of the occurrence also.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.2923 of 2021(2) dt.29-07-2021 2/2 the occurrence took place during a feast which was organized at the house of petitioner no.1. The fight took place because of dispute over parking of vehicles.

Considering the futility in continuing with such litigation, both the parties have taken a conscious decision not to prosecute each other.

Regard being had to the facts afore-stated, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P. S. (Mathurapur O.P.) Case No.49 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T