Rajesh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38549 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Rajesh Rai S/o- Shakaldeo Rai.

2. Satish Rai S/o- Shakaldeo Rai.

3. Kanhaya Rai S/o Sheojee Rai. All are resident of Village- Magaidih Mishrawalia, P.S.- Chapra Muffasil, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Chapra Muffasil P. S. Case No. 28/2018, registered for offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner Nos. 1 and 2 is of assault with farsa and sword to the informant and petitioner No. 3 is named in the F.I.R.

Submission of the learned counsel for the petitioners is that there is a case and counter case and no sharp cutting injury was found on the person of the informant. It is also submitted that the allegation against the petitioners is general and omnibus in

Patna High Court Cr.Misc. No.38549 of 2018 (3) dt.03-07-2018 2/2 nature. It is also submitted that the petitioners have no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Chapra Muffasil P. S. Case No. 28 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T