Surendra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70002 of 2018 Arising Out of PS. Case No.-352 Year-2018 Thana- TURKAULIYA District- East Champaran ======================================================

1. Surendra Rai, son of Prabhau Rai

2. Lakhindra Rai, son of Prabha Rai

3. Lalbabu Rai, son of late Maharaj Rai All residents of village Jaysinghpur, Bandrahan, P.S. Turkauliya, Distt. 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 :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2018 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Turkauliya P.S. Case No. 352 of 2018 instituted for the offence under Sections 147, 148, 149, 120(B), 341, 323, 307, 379, 436 and 427 of the Indian Penal Code.

Counsel for the petitioners submits that there is land dispute between the parties. There is case and counter case. Counsel for the petitioners further submits that prior to the instant case, petitioners have filed Turkauliya P.S. Case No. 340 of 2018 and for the same occurrence, Turkauliya P.S. Case No.341 of 2018 has been lodged by both parties. Thereafter,

Patna High Court Cr.Misc. No.70002 of 2018(2) dt.29-11-2018 2/2 Turkauliya P.S. Case No. 350 of 2018 has been filed by the petitioner. Counsel for the petitioners submits that there has been previous enmity between both the parties. In the written report there is allegation that under the leadership of Dilip Yadav, 67 named accused including petitioners and 150-200 unknown persons came to the house of informant and committed Mar-Pit and also set the house of informant on fire by sprinkling k. oil.

As such there is general and omnibus allegation against the petitioners.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on 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, Motihari, Distt. East Champaran, in connection with Turkauliya P.S. Case No. 352 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T