Santosh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.52197 of 2017 (2) dt.08-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52197 of 2017 Arising Out of PS.Case No. -232 Year- 2017 Thana -MASRAKH District- SARAN ====================================================== Santosh Rai, son of Jaipal Rai, resident of Padmaul, P.S.- Mashrakh, Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Alok Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Masrakh P.S. Case No. 232 of 2017 registered under Sections 147, 149, 341, 323, 324, 308, 379 and 504 of the Indian Penal Code. The allegation of informant is that at the time of constructing the house by the informant, Sonelal Rai, six persons named in the F.I.R. including the petitioner armed with Farsa, sword, road and lathi came and started to abuse him and demolished boundary wall. When the informant made protest then Kanji Rai gave Farsa blow at his head whereas petitioner caused injury at the head of Hiralal Rai, brother of the informant through Farsa. At that time, Vijay Rai forcibly took cash of Rs.20,000/- and ornaments from the house of the informant.

Patna High Court Cr.Misc. No.52197 of 2017 (2) dt.08-11-2017 Learned counsel for the petitioner submits that, in fact, occurrence took place due to land dispute, in which, petitioner's side also sustained injury, regarding which, Mashrak P.S. Case No. 233 of 2017 is also instituted on the basis of the written report of the petitioner. It is further submitted that while the allegation against the petitioner is to cause injury at the head of Hiralal Rai, brother of the informant, but the injury found on the person of Hiralal Rai is simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Saran, in connection with Masrakh P.S. Case No. 232 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T