Sunil Kumar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21991 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -RAJPUR District- BUXAR ======================================================

1. Sunil Kumar Rai Son of late Chandrashekhar Rai

2. Abhishek Kumar Rai Son of Sunil Kumar Rai both are Resident of Village- Sarenja, P.S. Rajpur, Distt. Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Rajpur P.S.Case No. 185 of 2017, registered for offences punishable under Sections 147, 341, 323, 307, 325 and 504 of the Indian Penal Code.

The allegation against the petitioner No.1 is of instigate to kill the informant and petitioner No. 2 is of assault with lathi to the informant, causing injury on the head and when his brother came to save him, petitioner No. 1 assaulted with pistol, causing injury on back side of the head of the brother of the informant.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case due to village politics and there is a case and counter case between the parties

Patna High Court Cr.Misc. No.21991 of 2018 (3) dt.20-06-2018 2/2 Learned Additional Public Prosecutor and learned counsel for the informant oppose the prayer of bail on the ground that one of the injuries are grievous in nature. 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) each with two sureties of the like amount each in connection with Rajpur P.S.Case No. 185 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate- VII, Buxar, 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 the 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