Devendra Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66150 of 2018 Arising Out of PS.Case No. -188 Year- 2018 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Devendra Rai, S/O Sogarath Rai.

2. Gonu Rai, S/O Shreshth Rai. Both are R/V- Bariarpur, P.S. Majorganj, District-Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Hans Lal Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341, 324 and 307 of the IPC.

The prosecution story, in brief, is that on 13.05.2018 at 8.00 P.M. all the accused persons including the petitioners armed with Lathi, Bricks, Stones and Dabia came at the door of the informant Jai Narayan Das and Co-accused Feku Rai and Sahib Rai gave Dabia blow on his head due to which he sustained cut injury on his head. Co-accused Bhola Rai and Rama Rai assaulted him with Lathi. Accused persons also assaulted his sons and wife with Lathi due to which, they sustained head injuries. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.66150 of 2018 (2) dt.01-11-2018 2/2 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place in course of occurrence. Other co-accused have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 55506 of 2018 order dated 20.09.2018 vide Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Majorganj P.S. Case No. 188 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T