Kailash Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54186 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kailash Rai.

2. Satan Rai.

3. Munni Lal Rai.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sangeet Deokuliar, advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Rajepur P.S. Case No. 118 of 2016/G.R. Case No. 4574 of 2016 for the offences instituted under Sections 341, 342, 323, 379 and 504/34 of the IPC.

The prosecution story, in brief, is that the accused persons assaulted on the head of the informant regarding dispute for cutting the Kadam Tree. Petitioner no. 1 had pointed country made pistol on his head. Co-accused Dharmendra and petitioner no. 3 took out cash of Rs. 5,000/- and sale deed of the land from him. Petitioner no. 2 poured kerosene oil on his body and coaccused Chandradhan Rai set fire on his body. The police came

Patna High Court Cr.Misc. No.54186 of 2016 (2) dt.21-12-2016 2/2 and rescued the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. Both the parties are agnates. The dispute had taken place due to family property. General and omnibus allegation has been made against them. No specific overt act has been alleged against them. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Rajepur P.S. Case No. 118/2016, G.R. Case No. 4574 of 2016 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 S.D.J.M., Sadar, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T