Mithilesh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47761 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -KESARIYA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Mithilesh Rai S/o Sudish Rai.

2. Rajendra Rai S/o Jagarnath Rai.

3. Munshi Rai S/o Jagarnath Rai.

R/o Village- Sunderpur Badhai Tola P.S. Kesariya Dist- East Champaran Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Kesariya P.S. Case No. 124 of 2015 dated 23.05.2015 instituted under Sections 147/148/149/341/324/307/504 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioners along with others is of abusing and assaulting the informant with 'Lathi' and 'Danda' and specifically against two other coaccused, who are not petitioners herein, of attack by knife and fire arms.

Learned counsel for the petitioners submits that there is only general and omnibus allegation of assault against the petitioners along with four others without any

Patna High Court Cr.Misc. No.47761 of 2015 (2) dt.05-11-2015 2/2 specific overt act alleged against any of them and they have no criminal antecedent.

Learned A.P.P. submits that the petitioners were party to the crime.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in Kesariya P.S. Case No. 124 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J.) P. Kumar U T