Lal Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57807 of 2019 Arising Out of PS. Case No.-427 Year-2018 Thana- MANER District- Patna ====================================================== 1.

LAL MOHAN RAI Son of Late Kitab Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

2.

Chand Mohan Rai Son of Late Punit Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

3.

Ram Babu Rai Son of Late Punit Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

4.

Hullar Rai Son of Lal Mohan Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

5.

Sunil Rai Son of Lal Mohan Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

6.

Ravi Rai @ Rabi Kumar Son of Lal Mohan Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

7.

Arvind Kumar Son of Ram Babu Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

8.

Sobindra Kumar @ Sobinder Kumar Son of Ram Babu Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna. 9.

Jitendra Rai @ Jitan Kumar Son of Chand Mohan Rai Resident of Village - Dost Nagar, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Maner P.S. Case No. 427 of 2018, disclosing the offence under Sections 341, 323, 337, 308, 379, 504/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.57807 of 2019(2) dt.13-09-2019 2/3 From the First Information Report, it is evident that the informant and the petitioners are agnates and there is dispute between them of their respective shares in joint family properties. The occurrence had taken place in that background. Allegedly after an altercation took place between the informant and the persons named in the FIR, they assaulted the informant. Learned counsel appearing on behalf of the petitioner has submitted that the allegation is general and omnibus and no one has sustained injury in the occurrence as well as there is no injury report available on the record.

Considering the above, 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 bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount, each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur (Patna) in connection with Maner P.S Case No. 427 of 2018, subject to the condition 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

Patna High Court CR. MISC. No.57807 of 2019(2) dt.13-09-2019 3/3 part to appear before the Court on two consecutive occasions, their bail bounds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) T.Kr./- U T