Sonelal Rai @ Sone Lal Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42323 of 2016 ======================================================

1. Sonelal Rai @ Sone Lal Ram S/o Late Yadu Ram

2. Vijay Kumar Ram @ Guddu @ Vijay Kumar S/o Sonelal Ram

3. Ajay Kumar Rai @ Ajay Kumar Ram @ Ajay Kumar S/o Sonelal Ram All are R/o Mohalla- Krishnapuri, Nayatola, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Kazi Mohammadpur P. S. Case No. 171 of 2016, disclosing offences under Sections 307,325,504 and 120B of the Indian Penal Code.

Learned counsel for the petitioners has made three submissions. Firstly, he has submitted that for an occurrence, which is alleged to have taken place on 21.02.2016, a complaint case came to be filed on 09.03.2016, which is the basis for registration of the First Information Report. He has, secondly, submitted that land dispute between the parties is the evident reason behind the occurrence, exaggerated version of which has

been given in the complaint petition. He has lastly been submitted the injuries do not support the allegation that the assault was made by iron rod.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within four weeks from today in the Court below 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 the learned A.C.J.M-cum-Sub-Judge-Ist, Muzaffarpur in Kazi Mohammadpur P. S. Case No. 171 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U