Ramnath Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44703 of 2017 Arising Out of PS.Case No. -396 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramnath Rai, son of late Ramashish Rai,
2. Ramnaresh Rai, son of late Ramashish Rai,
3. Omprakash Rai, son of Ramnaresh Rai,
4. Arbind Rai @ Arbind Kumar, son of Ramnaresh Rai,
5. Shyam Babu Rai, son of Awadh Rai,
6. Jitendra Rai, son of Awadh Rai,
7. Ramesh Rai, son of Rambilash Rai,
8. Suresh Rai, son of Rajendra Rai,
9. Dinbandu Rai, son of Rajendra Rai,
10. Jawahar Rai, son of Nathuni Rai,
11. Raju Rai, son of Chhatrari Rai,
12. Binda Rai, son of late Sajawal Rai,
13. Rajendra Rai, son of late Prasad Rai,
14. Ramblash Rai, son of late Prasad Rai,
15. Braj Kishore Rai, @ Brij Kishore Rai, son of late Nanhak Rai, all resident of village-Dhumnagar, P.S.-Ghorasahan, District- East Chamapran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 03-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Ghorasahann P.S. Case No.396 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of the Indian Penal Code. Counsel for the petitioners has submitted that the instant case is counter blast of Ghorasahan P.S. Case No.402 of
Patna High Court Cr.Misc. No.44703 of 2017 (3) dt.03-11-2017 2/3 2017 lodged by the petitioner No.1 against the Informant and others.
In the instant case, there is specific allegation against Petitioner No.1, Ramnath Rai, of assaulting the Informant with Khukhari causing injury on his head and left hand. There is general and omnibus allegation against other petitioners of assaulting with lathi, danda etc.
Injury report of the Informant has been annexed as Annexure-3, wherein, doctor has found simple injuries on his person.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Ghorasahann P.S. Case No.396 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate
Patna High Court Cr.Misc. No.44703 of 2017 (3) dt.03-11-2017 3/3 in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T