Patna High CourtCR. MISC./39641/2016bail granted

Saroj Rai And ANR v. The State Of Bihar

2016-09-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39641 of 2016 Arising Out of PS.Case No. -123 Year- 2014 Thana -GARKHA District- SARAN ======================================================

1. Saroj Rai S/o Panchhilal Rai.

2. Tufani Rai S/o Late Ramdev Rai, Both resident of village- Mangal Tola, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioners apprehend their arrest in Garkha P.S. Case No. 123/2014, registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code.

The informant Hareram Kumar Yadav named 7 persons including the petitioners and alleged that Dharmendra Rai assaulted with Farsa on his head. Tufani Rai assaulted with iron rod on the back of the informant. When the brother of the informant Jitendra Rai came to save him, Malika Rai, Tarkeshwar Rai, Shiv Kumar Rai, Saroj Rai, Rajkumar Rai are alleged to have assaulted him.

Patna High Court Cr.Misc. No.39641 of 2016 (2) dt.17-09-2016 2/2 It is submitted that the occurrence took place due to land dispute. The brother of the informant got three injuries which are simple in nature. No injury is found on the back of the informant caused by Tufani Rai with iron rod. Considering the facts aforesaid and the fact that the occurrence took place due to land dispute and the injured got simple injuries, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 123/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T