Nagendra Rai @ Nagendra Kumar Yadav @ Nagendra Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32194 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -KOPA District- SARAN ======================================================
1. Nagendra Rai @ Nagendra Kumar Yadav @ Nagendra Yadav S/o Late Bhikhari Rai
2. Chhote Lal Rai S/o Hira Lal Rai
3. Badri Rai
4. Bhuneshwar Rai Both sons of Mahendra Rai
5. Rajesh Rai @ Kohar Rai S/o Late Munshi Rai All resident of village - Kachnar Ke Mathiya, P.S. Kopa, District - Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. G.S. Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 341, 379, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that in the background of dispute with regard to damaging an electric pole by the driver of the informant's side, co-accused Arun Rai and Hira Lal Rai caused injuries with country made pistol to the informant and thereafter all accused persons including the petitioners and 10-12 unknown assaulted with fists and slaps to the informant when the informant got unconscious.
Patna High Court Cr.Misc. No.32194 of 2015 (2) dt.07-08-2015 2/3 Subsequently the police took the informant to the hospital. It is submitted by learned counsel for the petitioners that for the occurrence of 24.04.2015 the First Information Report was registered on 01.05.2015, whereas Kopa P.S. Case No. 31 of 2015 was registered by co-accused Hira Lal Yadav against the informant and others levelling accusation under Sections 147, 148, 149, 307, 323, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The injury report reflects only four injuries to the informant which prima facie does not reflect any fire arm injury. Though injury of the informant has been found to be grievous. The accused side have also received injuries.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the fact that specific accusation of assault has been levelled against co-accused Arun Rai and Hira Lal Rai, delayed lodging of the case and there is omnibus and general accusation of assault against 23-25 people including the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No. 34 of 2015,
Patna High Court Cr.Misc. No.32194 of 2015 (2) dt.07-08-2015 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T