Nagendra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64479 of 2018 ======================================================

1. Nagendra Rai, S/o Late Kishuni Rai,

2. Main Rai, S/o Late Kisuni Rai &

3. Baliram Rai @ Tuntu Rai, Son of Late Kisuni Rai, All are resident of Village- Shahbajpur, P.S.- Marhaura, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 324, 325, 307/506 of the Indian Penal Code.

The prosecution case, in brief, is that when the informant was sitting at his door, the accused persons came hurling abuses and on protest, they started assaulting him with Lathi, Danda, Farsa etc. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has been falsely implicated in the present case. There is case and counter case between the parties. The injury on the side

Patna High Court Cr.Misc. No.64479 of 2018 (2) dt.12-10-2018 of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Saran at Chapra in connection with Marhaura P.S. Case No. 395 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T