Patna High CourtCR. MISC./57996/2017bail granted

Ram Shakal Rai v. The State Of Bihar

2017-12-15Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57996 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -MUSRIGHARARI District- SAMASTIPUR ====================================================== Ram Shakal Rai son of Late Shiv Dhari Rai Resident of Village - Bakhairi Bujurg, Police Station - Musrigharari, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Musrigharari P.S. Case No.23 of 2017 registered under Sections 341, 323, 324, 325, 307 and 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. Allegation in brief is that due to land dispute accused persons assaulted the informant and one Suresh Rai, specific allegation of assaulting the informant is against Ram Chandra Rai and it is alleged that Nirmala Devi, Pramila Devi and Kavita Devi assaulted Suresh Rai with lathi, who later on succumbed to the injuries.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner, Nirmala

Patna High Court Cr.Misc. No.57996 of 2017 (2) dt.15-12-2017 2 /2 Devi, Pramila Devi and Kavita Devi who are said to have assaulted Suresh Rai, the deceased, have been admitted to bail along with Ram Chandra Rai vide Cr. Misc. No. 46906 of 2017 and Cr. Misc. No.55255 of 2017 on 01.12.2017 and 23.11.2017 respectively, the case of petitioner stands on different footing, he is sixty years old and there is land dispute between both sides. Having considered the aforesaid facts and circumstances, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with Musarigharari P.S. Case No.23 of 2017.

(Arun Kumar, J.) S.Kumar/- U T