Ram Naresh Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.5434 of 2015 (2) dt.10-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5434 of 2015 Arising Out of PS.Case No. -637 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Ram Naresh Rai Son of Bhagwat Rai

2. Satyendra Rai Son of Kedar Rai Both resident of village-Lodipur, P.S-Hajipur Town, District- Vaishali.

3. Vinod Rai Son of Shankar Rai Resident of village-Naya Tola, Ganj, P.SMahnar, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 10.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Hajipur Town P. S. case no. 637/2014 registered under sections 307, 379 and other allied sections of the IPC.

There is specific allegation against petitioner nos.1 and 3 that they used farsa and sword in causing injuries to the informant whereas petitioner no.2 is said to have assaulted with butt of the pistol but it is alleged in the first information report that co-accused Awadheh Rai, Binay Rai and Amod Rai also assaulted the informant with iron rod.

Informant sustained altogether three injuries but all injuries were found simple in nature. There is counter case in which it is

Patna High Court Cr.Misc. No.5434 of 2015 (2) dt.10-02-2015 alleged that prosecution party assaulted family members of the petitioners. It is informed that co-accused Awadheh Rai, Binay Rai, Suba Rai and Amod Rai have already been granted privilege of bail by the learned court below itself.

In view of the aforesaid facts and circumstances, petitioners are directed to surrender before the Chief Judicial Magistrate, Vaishali at Hajipur/concerned court in connection with Hajipur Town P.S. Case no. 637/2014 and seek regular bail within four weeks from today and if they do so, the concerned court shall give same treatment to the petitioners which has been given to other co-accused Awadheh Rai, Binay Rai, Suba Rai and Amod Rai on the day of surrender of the petitioners.

With these observations, this petition stands disposed of. shahid (Hemant Kumar Srivastava,J) U T