Patna High CourtCR. MISC./10295/2017bail granted

Manoj Rai @ Manoj Kumar And ORS v. The State Of Bihar

2017-03-10Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.10295 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10295 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Manoj Rai @ Manoj Kumar

2. Shatrughan Rai @ Shatrughan Kumar Rai

3. Jitendra Rai @ Jitendra Kumar All sons of Shri Chhotelal Rai, Resident of Village- Maslanchak Jitwarpur, Nijamat, P.S.- Muffasil (Samastipur), District- Samastipur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 231 of 2016 registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379/34 of the Indian Penal Code.

On behalf of the petitioners it is submitted that there is case and counter case, the injury received in this case are all simple so no offence under Section 307 IPC is made out, the allegation for taking out cash and golden chain is supper addition and ornamental in nature, the petitioners' case is more serious and only with a view to save the skin from that case this case has been lodged with false allegation, medical evidence does not support

Patna High Court Cr.Misc. No.10295 of 2017 (2) dt.10-03-2017 the prosecution version and as such the petitioners deserve sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the nature of injury, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Samastipur in connection with Muffasil (Samastipur) P.S. Case No. 231 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T