Police Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6939 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -BHELDI District- SARAN ======================================================

1. Police Rai Son of Mangal Rai

2. Jaipal Rai Son of Mangal Rai Both Residents of village- Basauti, P.S.- Bheldi, District- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Pandey For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. The prosecution case is that the petitioners assaulted the informant with fists and slaps and petitioner No.2, Jaipal Rai, pushed the informant on the ground and thereafter petitioner No.1 gave dagger blow on the forehead and Chest of informant. It is submitted by the learned counsel for the petitioners that the case lodged by the petitioners' side against the informant side was at earlier point of time and though the informant received two incised wounds but the injuries are superficial and simple in nature. Statement has been in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.6939 of 2016 (2) dt.16-02-2016 2/2 Considering the accusation against petitioner No.1, Police Rai, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Bheldi P.S. case No. 11 of 2015 pending in the court of Sri Vivek Rai, learned J.M., Saran at Chapra.

This application is disposed of with the aforesaid observation/direction.

Considering the fact that there is no accusation against petitioner No.2, Jaipal Rai, of assault by any weapon and causing injury, let the petitioner No.2 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vivek Rai, learned JM, Saran at Chapra in connection with Bheldi P.S. Case No. 11/2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T