Harihar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61880 of 2022 Arising Out of PS. Case No.-81 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== 1.
HARIHAR RAI Son of Late Badri Rai R/v- Ghasipakar, P.S.- Chakiya, District- East Champaran 2.
GIRJA DEVI Wife of Harihar Rai R/v- Ghasipakar, P.S.- Chakiya, DistrictEast Champaran 3.
NATHUNI RAI Son of Harihar Rai R/v- Ghasipakar, P.S.- Chakiya, DistrictEast Champaran 4.
USHA DEVI Wife of Lal Babu Rai R/v- Dulma, P.S.- Madhuban, DistrictEast Champaran 5.
RAM LOCHAN RAI Son of Dwarika Rai @ Dvarika Ray R/v- Saray Banvari, P.S.- Mehsi, District- East Champaran 6.
PRADUMAN RAI @ PRABHUVAN RAI Son of Dwarika Rai @ Dvarika Ray R/v- Saray Banvari, P.S.- Mehsi, District- East Champaran 7.
RAM JEEVAN RAI Son of Dwarika Rai @ Dvarika Ray R/v- Saray Banvari, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-01-2023 Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos.5 and 6, namely, Ram Lochan Rai and Praduman Rai @ Prabhuvan Rai respectively as they have been arrested.
Permission is accorded.
This application with regard to petitioner nos.5 and 6 is dismissed as withdrawn.
Heard learned counsel for petitioner nos.1, 2, 3, 4 and
Patna High Court CR. MISC. No.61880 of 2022(3) dt.09-01-2023 2/2 7 and learned A.P.P. for the State.
Petitioner nos.1, 2, 3, 4 and 7 apprehend their arrest in connection with Trial No.2334 of 2018 arising out of Chakiya P.S. Case No.81 of 2018 registered under Section 307 of the Indian Penal Code and other allied sections of the I.P.C. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to land dispute. There is a case and counter case between both sides. The petitioners have got no criminal antecedent.
Having considered the above facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above named petitioner nos.1, 2, 3, 4 and 7 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bonds to the satisfaction of C.J.M., East Champaran, Motihari in connection with Trial No.2334 of 2018 arising out of Chakiya P.S. Case No.81 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Harish/- (Arvind Srivastava, J) U T