Chhotelal Kumar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2977 of 2018 Arising Out of PS.Case No. -607 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. Chhotelal Kumar Rai, S/o Shivlochan Singh,

2. Anand Kumar Rai, S/o Shivlochan Singh,

3. Shivlochan Singh @ Shivlochand Singh, S/o Late Ram Chandra Singh,

4. Ashok Singh, S/o Dhrubal Singh,

5. Ranjeet Kumar @ Ramesh Singh @ Ramesh Kumar, S/o Sipahi Singh, All are resident of Village- Tendua Tola, P.S.- Dehri, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Bashant For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Dehri (Nagar) P.S. Case No.607 of 2016 registered under Sections 447, 448, 147, 148, 149, 323, 379, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits there is a case and counter case.

On the last date, the matter was adjourned to verify the status of the bail in the counter case.

Learned counsel submits that the accused in the

Patna High Court Cr.Misc. No.2977 of 2018 (3) dt.12-02-2018 counter case have not applied either for anticipatory bail or regular bail till date. He also submits that the petitioners and the informant are gotiyas and apparently they have been fighting over a property dispute and both the parties have lodged case and counter case. Learned counsel further submits that there are false allegations of firing against Shivlochan Singh and Ashok Singh, as there is no allegation that the alleged firing caused any injury to anyone. There is no specific allegation against accused Ranjeet Kumar.

Learned counsel for the State is present and submits that so far as the allegations against accused Shivolochan Singh and Ashok Singh are concerned, there is no allegation that any fire-arm injury has been caused to the prosecution side. In the facts and circumstances, while rejecting the prayer for anticipatory bail of the accused Chhotelal Kumar Rai and Anand Kumar Rai against whom there are allegations, there being no specific allegation of causing injury against accused Shivlochan Singh, Ashok Singh and Ranjeet Kumar, in the event of their arrest/surrender before the court below within four weeks, let the above named three petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.2977 of 2018 (3) dt.12-02-2018 learned Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Dehri (Nagar) P.S. Case No.607 of 2016, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Arvind/- U T