Surendra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38634 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ======================================================
1. Surendra Rai, son of Yogeshwar Rai
2. Arvind Ray, son of Sita Ram Ray
3. Umesh Ray, son of Bacha Ray
4. Pramod Kumar Ray @ Pramod Ray, son of Ram Sagar Ray
5. Anik Ray @ Anik Lal Ray, son of Parmeshwar Ray
6. Bindeshwar Ray, son of Mohan Ray
7. Rajesh Kumar, son of Bindeshwar Ray
8. Ranjeet Ray, son of Bhikhari Ray
9. Ram Babu Ray, son of Kusheswar Ray All resident of village Satanpur Numpher Yadav Tola, P.S. Ujaiyarpur, Distt. Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Rashmi Bharti, Advocate.
For the State : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Ujiyarpur P.S. Case No. 192 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 427, 504 and 506 of the Indian Penal Code.
It has been submitted on behalf of the counsel for the petitioners that there has been free fight between both the parties on account of land dispute. The counter case has been filed by Anik Lal Ray (petitioner No. 5) who was brutally assaulted by
Patna High Court Cr.Misc. No.38634 of 2017 (2) dt.23-08-2017 2/3 Prem Lal Rai and others for which on the Fardbeyan of Anik Lal Rai, Ujiyarpur P.S. Case No. 193 of 2016 for the offence under Section 307 and other minor Sections of the Indian Penal Code has been registered against the informant and others. In the written report, it is alleged that all the petitioners assaulted the informant and his other family members with lathi, danda on account of land dispute. In such circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Ujiyarpur P.S. Case No. 192 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dalsingsaarai, Samastipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or
Patna High Court Cr.Misc. No.38634 of 2017 (2) dt.23-08-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T