Rajesh Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42049 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajesh Kumar Yadav Son of Krit Rai @ Raktu Rai
2. Sujeet Kumar Yadav @ Sujeet Rai Son of Krit Rai @ Raktu Rai
3. Bindeshwar Rai @ Bindeshwari Yadav Son of Late Anchit Rai
4. Sri Rai @ Sheo Kumar Rai Son of Late Anchit Rai
5. Chandrika Rai Son of Late Anchit Rai
6. Daroga Rai Son of Late Anchit Rai
7. Sachitanand Rai Son of Sri Rai @ Sheo Kumar Rai All R/o Village Katkuiya, P.S. Chiraiya, District East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-10-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
The prosecution case is that the informant's tractor driver Ram Binay Mishra along with informant's brother Chandeshwar Rai and his cousin Sitaram Rai gone to plough the land of the informant then all the accused persons variously
Patna High Court Cr.Misc. No.42049 of 2015 (2) dt.13-10-2015 2/3 armed made protest when petitioner no. 1 Rajesh Kumar Yadav assaulted informant's cousin Sitaram Rai with iron rod and snatched Rs.2500/- whereas petitioner no. 3 Bindeshwar Rai assaulted the informant's brother by bamboo stick. It is submitted by learned counsel for the petitioners that the injuries have been found simple. There is a counter version of the occurrence and petitioners' side have also received injuries.
It is submitted by learned counsel for the informant that petitioner nos. 1 and 4 have criminal antecedent. Considering the above facts, let the learned court below consider the prayer for regular bail of petitioner nos. 1 and 4, if they surrender before the learned court below within a period of six weeks from today. Accordingly, their application is disposed of.
So far as petitioner nos. 2, 3 and 5 to 7 are concerned, let them be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahana, East Champaran in connection
Patna High Court Cr.Misc. No.42049 of 2015 (2) dt.13-10-2015 3/3 with Chiraiya P.S. Case No. 80 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T