Sipahi Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35544 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Sipahi Rai S/o late Harbansh Rai

2. Rama Prasad Rai

3. Sabhapati Rai@Sabhapati Singh both are sons of late Shiv Kumar Rai

4. Bhola Rai Son of Ramapati Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2015 Heard learned counsels for the petitioners, informant and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 326, 379 and 307 of the Indian Penal Code.

It is alleged that petitioner no.1 Sipahi Rai and petitioner no.3 Rama Prasad Rai assaulted on the head of the informant with 'garasa', iron rod and sword when father of the informant came to rescue, petitioner no.4 Bhola Rai assaulted on his head with iron rod. It is submitted by learned counsel for the petitioners that petitioners are agnate of the informant. In the background of land dispute, the accusation has been levelled and the injuries have been found to be simple. There is counter version of the occurrence also

Patna High Court Cr.Misc. No.35544 of 2015 (2) dt.08-09-2015 2/2 wherein several persons form the petitioners' side has received injuries.

It is submitted by learned counsel for the informant that injury of the informant and his father is on head and there is specific accusation against the petitioners to make assault. It is further submitted that five persons form informant's side have also received injuries though all the injuries have been found to be simple and opinion with regard to injury of the informant and his father has been kept reserved.

Considering the nature of accusation in the background of land dispute, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent and several persons from the petitioners' side have also received injuries, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Maner P.S. Case No.19 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T