Rameshi Rai @ Ramesh Rai @ Ramesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62011 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== 1.

RAMESHI RAI @ RAMESH RAI @ RAMESH RAY S/o Ram Padarath Rai @ Ram Padarath R/o village- Chamtha Goptol, P.S.- Bachhwara, Distt.- Begusarai 2.

Lalit Rai S/o Dayali Rai R/o village- Chamtha Goptol, P.S.- Bachhwara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsels for the parties.

The petitioners are languishing in custody since 22.7.2019 in a case registered for the offences punishable under Sections 147,148,149,307,323,379,337,504 and 506 of the I.P.C. and under Section 27 of the Arms Act. The prosecution case is that the accused persons went on the land of the informant and on protest being made, the petitioners and co-accused Binay Rai, Ranjan Rai and Vikash Rai resorted to fire which hit on the thigh of Golu Kumar. Co-accused Kajal Rai assaulted Nirmala Devi on

Patna High Court CR. MISC. No.62011 of 2019(2) dt.23-10-2019 2/3 her head and co-accused Bibha Bharti assaulted Sanju Devi causing bleeding injury. It is further alleged that other coaccused also assaulted the other family members of the informant causing superficial injury.

It is submitted by learned counsel for the petitioners that the accusation is not of repeating the blow. The accusation of assault is against four persons. It is further submitted that though there is accusation of firing but no arms has been recovered from the petitioner. The investigation has already been concluded. There is counter version of the occurrence also.

Learned counsel for the informant submits that there is specific accusation of firing against the petitioners causing injury.

Considering the fact that the accusation of firing is general and omnibus against four persons, statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent and the period in custody, let the petitioners above named 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 learned CJM, Begusarai in connection with

Patna High Court CR. MISC. No.62011 of 2019(2) dt.23-10-2019 3/3 Bachhwara P.S. Case No.127 of 2019.

(Dinesh Kumar Singh, J) anil/- U