Arun Rai @ Arun Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56440 of 2018 Arising Out of PS. Case No.-302 Year-2018 Thana- Motihari Mufasil District- East Champaran ======================================================

1. Arun Rai @ Arun Kumar Son of Ram Sahay Rai,

2. Bhola Rai Son of Late Rajendra Rai,

3. Nawal Rai Son of Jadolal Rai,

4. Devendra Rai @ Devendra Yadav Son of Jadolal Rai,

5. Rambabu Rai @ Rambabu Yadav Son of Late Rudal Rai,

6. Ram Sahay Rai Son of Late Rudra Rai, All Resident of Village-Bankat Bairiya, P.S.-Mufasil, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 302 of 2018 registered for offences under sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. In the present case, an allegation has been made that when the Informant was coming to his house from his duty, the petitioners along with co-accused persons intercepted the Informant and assaulted him.

There is a specific allegation made against Bhola Rai (petitioner No.2) of causing injury by sword. Accordingly, his prayer for anticipatory bail is rejected.

Patna High Court Cr.Misc. No.56440 of 2018(2) dt.20-09-2018 2/2 Looking to the entire facts and circumstances of the case as also the fact of there being no specific allegation, let the petitioners nos. 1, 3, 4, 5 and 6, namely, Arun Rai @ Arun Kumar, Nawal Rai, Devendra Rai @ Devendra Yadav, Rambabu Rai @ Rambabu Yadav and Ram Sahay Rai, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil P.S. Case No. 302 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T