Baleshwar Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34241 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -DUMRIAGHAT District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Baleshwar Rai

2. Chandeshwar Rai

3. Balistar Rai

4. Mastar Rai, All sons of Sri Narayan Rai, Residents of Village-Mangalpur, P.S.- Dumariyaghat, District-East Champaran.

.... .... 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. R.B.S.Pahepuri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-02-2015 Heard both sides.

The petitioners, four in number, apprehend their arrest in a case registered under Section 307 and other sections of the Indian Penal Code.

The informant alleged that the accused persons having armed with different weapons came at his door. Petitioner No. 2 Chandeshwar Rai gave Farsa blow on his head and petitioner No.1 Baleshwar Rai assaulted the brother of the informant, namely, Bishwanath Rai by means of Dab causing bleeding injury on his head. Petitioner Nos.3 and 4 assaulted them by means of Lathi and Danda.

Patna High Court Cr.Misc. No.34241 of 2014 (2) dt.12-02-2015 2/2 It is submitted that the informant and Bishwanath Rai got simple injury. There is a counter version in Dumariyaghat P.S. Case No.03 of 2014. The occurrence took place due to land dispute. The petitioners are agnates and on account of construction of thatched house, some quarrel took place and a Title Suit No.98 of 1990 is pending between the parties.

Considering the fact that on account of land dispute, there was free fight between the agnates, the above named petitioners, in the event of their arrest or surrender before the learned 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 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, East Champaran at Motihar, in connection with Dumariyaghat P.S. Case No.04 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) PNM U T