Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51486 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.
SHAMBHU RAI Son of Late Niras Rai Resident of Village - Sherpur Diyara, P.S. - Vidyapati Nagar, District - Samastipur 2.
Mukesh Rai @ Jhamlal Rai Son of Late Niras Rai Resident of Village - Sherpur Diyara, P.S. - Vidyapati Nagar, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Sinha For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Vidyapati Nagar P.S. Case N0. 22 of 2019, disclosing offences under Sections 147, 149, 307, 323, 324, 341, 385, 427, 447, 504 and 506 of the Indian Penal Code. It is evident from the First Information Report that there is land dispute between the parties. It is alleged that 14 persons named in the First Information Report were searching for Santosh Rai and they had entered into his hut. They are said to have ransacked the hut of the Santosh Rai and when their action was objected to, they assaulted the informant and other persons.
Learned counsel for the petitioners has submitted that the injuries have been found to be simple in nature.
Patna High Court CR. MISC. No.51486 of 2019(2) dt.19-08-2019 2/2 Considering the fact that there is land dispute between the parties and the injuries have been found to be simple in nature, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six 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 ACJM-III, Dalsinghsarai, Samastipur in Vidyapati Nagar P.S. Case No. 22 of 2019, 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) arun/- U