Banshlal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57738 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- PHENHARA District- East Champaran ====================================================== 1.

BANSHLAL RAI S/o- Late Chulhai Rai Resident of Village - Rupwaliya, P.S.- Phenhara, District - East Champaran.

2.

Shnakar Rai S/o Banshlal Rai Resident of Village - Rupwaliya, P.S.- Phenhara, District - East Champaran.

3.

Shmabhu Rai S/o Banshlal Rai Resident of Village - Rupwaliya, P.S.- Phenhara, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.U. Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2022 Prayer for bail of petitioner no.3 is dismissed as withdrawn.

Heard learned counsel for the petitioners and the State.

petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307/379 and other allied sections of the Indian Penal Code.

Petitioner no.1 is alleged to have given Farsa blow on the head of the informant causing cut injury on the head, whereas there is general and omnibus allegation against petitioner no.2.

Patna High Court CR. MISC. No.57738 of 2021(2) dt.04-07-2022 2/2 Petitioners and informant are close agnates and are having dispute regarding ancestral land. On the date of occurrence, measurement of the land was being done in presence of both parties. Some hot talks took place between them and in scuffle some minor injuries was caused to the informant. Case and counter case. Allegation of assault is vague and omnibus and injuries of the injured persons asre simple in nature.

Considering the backdrop of case, allegation and nature of injuries, in the event of arrest/surrender within six weeks from today, let the petitioners no. 1 and 2, named above, 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 Chief Judicial Magistrate, Motihari, East Champaran in Phenhara Police Station Case No. 01 of 2021/GR Case No. 73 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T