Manki Ray And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19406 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================

1. Manki Ray son of Sudhan Ray

2. Ranjit Ray son of Bhulan Ray

3. Mithu Rai Son of Late Janardhan Ray, All 1 to 3 are resident of villageJanki Nagar, P.S.- Basantpur, District- Siwan .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Basantpur P.S.Case No. 124/2015, disclosing offences under section 147, 148, 149, 341, 323, 324, 307, 504, 506, 379 of the Indian Penal Code.

From the First Information Report it is evident that some occurrence had taken place because of land dispute. The informant and the accused Ambika Sah are full brothers. Learned counsel, appearing on behalf of the petitioners, appears to be right in his submission that prima facie no offence under section 307 of the I.P.C. is made out on the basis of what has been alleged in the F.I.R. It has further been submitted that the

Patna High Court Cr.Misc. No.19406 of 2016 (3) dt.19-05-2016 injuries have been found to have been caused by hard and blunt substance, but are certainly not fatal in nature. Considering the genesis of occurrence, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released 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 Chief Judicial Magistrate, Siwan in Basantpur P.S.Case No. 124/2015, subject to the conditions as laid down under section 438 of the Cr.P.C.

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 part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U