Chanu Rai @ Channu Rai @ Chunu Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35973 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Chanu Rai @ Channu Rai @ Chunu Rai, Son of Basu Rai,

2. Jawahar Rai Son of Basu Rai,

3. Rakesh Kumar @ Rakesh Rai, Son of Jawahar Rai,

4. Deochand Rai Son of Grahan Rai, All R/o Village- Chamanpura, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/324/307/504/34 of the Indian Penal Code. The parties are agnates. For trivial dispute the occurrence of assault took place. There is case and counter case. Specific allegation against petitioner Chanu Rai @ Channu Rai @ Chunnu Rai is that he caused injury at the head of Deepak Kumar, the son of the informant, with farsa. The doctor has found incised wound on the forehead of Deepak Kumar.

Considering the fact that petitioner Chanu Rai @

Patna High Court Cr.Misc. No.35973 of 2017 (2) dt.10-08-2017 P2/ Channu Rai @ Chunu Rai had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to him. Hence, his prayer for anticipatory bail is refused.

Other petitioners against whom general and omnibus allegation, let the petitioners, namely, Jawahar Rai, Rakesh Kumar @ Rakesh Rai and Deochand Rai, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gopalganj/successor Court in connection with Baikunthpur Police Station Case No. 55 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T