Ajay Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30744 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Ajay Rai, S/o Ramdeo Rai,

2. Ranjit Rai, S/o Devan Rai

3. Pappu Rai, S/o Narain Rai, all are r/v Madhusudan Pakri, P.S. Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Prasad Singh For the Opposite Party/s : Mr. Sri Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Learned counsel for the petitioners submits that petitioner no. 3, Pappu Rai has already been arrested and therefore, his anticipatory bail petition has become infructuous. Accordingly, the anticipatory bail petition of Petitioner no. 3 Pappu Rai is dismissed as has become infructuous. Heard both sides.

Petitioner nos. 1 and 2 apprehend their arrest in Lalganj P.S. Case No. 81 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 326, 323, 379 and 504 of the Indian Penal Code.

The informant named 9 persons and alleged that Ranjit Rai, petitioner no. 2 assaulted the mother of the informant with butt of pistol on her mouth. Petitioner no. 1 Ajay Rai is said to have assaulted to Ramanand Rai with sword.

Patna High Court Cr.Misc. No.30744 of 2016 (3) dt.21-09-2016 2/2 It is submitted that from perusal of injury report, it transpires that the injuries of the mother of the informant and uncle of the informant are simple in nature. From the side of the petitioner a complaint case was also filed. On account of petty dispute, the occurrence took place.

Learned counsel for the informant as well as learned Additional P.P., however, opposed the prayer of anticipatory bail, but it appears that mother of the informant got injury on lower jaw and Ramanand Rai, uncle of the informant got lacerated injury on fingers, but in x-ray report the injuries were found simple. It appears that some scuffle took place. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, petitioner nos. 1 and 2 above named in the event of their arrest or surrender before the 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 bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hajipur in connection with Lalganj P.S. Case No. 81 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T