Ram Briksh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33925 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana - KHAJEKALLAN District- PATNA =====================================

1. Ram Briksh Rai, Son of Late Babu Saukhi Rai.

2. Binod Rai.

3. Bindi Rai alias Bindri Rai.

Both Sons of Ram Briksh Rai.

All residents of Mohalla Sadar Gali, P.S. Khajekalan, District- Patna.

4. Akhilesh Rai.

5. Vikash Rai.

Both sons of Munarik Rai.

6. Vakil Rai.

7. Anil Rai.

Both sons of Late Vishun Rai.

All resident of Mitan Ghat, P.S.- Khajekalan, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Ashok Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-07-2018 Mr. Awadhesh Prasad Sinha, learned counsel for the petitioners seeks permission to withdraw this petition

Patna High Court Cr.Misc. No.33925 of 2018 (2) dt.05-07-2018 2/3 with respect to petitioner No. 7/Anil Rai, since he has been arrested.

Permission is granted.

Accordingly, the petition with respect to petitioner No. 7 is dismissed as withdrawn as having become infructuous.

The petitioner Nos. 1 to 6 seek bail in anticipation of their arrest in connection with Khajekalan P.S. Case No. 35 of 2018, dated 18.02.2018, instituted for the offences punishable under Sections 147, 148, 149, 307, 354, 504, 506 and 379 of the Indian Penal Code.

It has been alleged in the F.I.R. that one Munarik Rai assaulted Kailash Prasad and when the brother of aforesaid Kailash Prasad, viz. Gaina Rai came to his rescue, the two sons of aforesaid Munarik Rai, viz. Akhilesh Rai and Vikash Kumar assaulted him by means of sharp cutting weapon. An attempt was also made to outrage the modesty of the sister of the informant.

Learned counsel for the petitioner has submitted that there is an earlier land dispute between the parties and so far as the petitioners are concerned, no specific act has been attributed to them.

The petitioners are persons of clean antecedents. Considering the aforesaid facts, let petitioner

Patna High Court Cr.Misc. No.33925 of 2018 (2) dt.05-07-2018 3/3 Nos. 1 to 6, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patnacity, Patna in connection with Khajekalan P.S. Case No. 35 of 2018.

(Ashutosh Kumar, J) Praveen-II/- U T