Brahmdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68020 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== 1.

BRAHMDEO RAI Son of Late Jawahir Rai @ Ramchandra Rai Resident of Village - Pacharukhiya, P.S.- Koilwar , Dist.- Bhojpur. 2.

Mugal Rai @ Mogal Rai @ Mugol Rai @ Mongal Rai Son of Prahalad Rai Resident of Village - Pacharukhiya, P.S.- Koilwar , Dist.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in connection with Koilwar P. S. Case No. 152 of 2019 dated 20.05.2019 instituted for the offences under Sections 147, 148, 149 and 302 of the Indian Penal Code.

One Malay Singh (deceased) is said to have

Patna High Court CR. MISC. No.68020 of 2019(2) dt.04-12-2019 2/3 been assaulted by one Baidyanath Yadav by the butt of the rifle for the deceased having attempted to cast votes in the election. According to the F.I.R., when the informant and his brother were proceeding to the polling booth, several persons including the petitioner who were shouting slogans in favour of Communist Party stopped them. Then, on the orders of Nandji Rai, Baidyanath Yadav is said to have assaulted. Other accused persons also are alleged to have assaulted the other voters but the accusation against them is absolutely vague. Considering this aspect of the matter, many of the named accused persons have been granted regular and anticipatory bail and some of the bail orders passed by the Co-ordinate Benches of this Court have been annexed with this petition.

The petitioners are persons of clean antecedents and are in custody since 07.09.2019. Considering the above-noted facts, this petition is allowed. The petitioners, above-named, are directed to

Patna High Court CR. MISC. No.68020 of 2019(2) dt.04-12-2019 3/3 be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P. S. Case No. 152 of 2019 (Ashutosh Kumar, J) skm/- U