IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30684 of 2011
1.Sone Lal Rai, Son of late Anandi Rai.
2.Dinesh Rai, Son of Sone Lal Rai.
3.Lal Babu Rai, Son of Sone Lal Rai.
All resident of Simarwara, P.S. Patepur, District Vaishali.
-------Petitioners
Versus
The State Of Bihar
-----Opposite Party
-----------------
03/- 14/11/2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State, who is armed with
carbon/xerox copy of the case diary up to paragraph – 80 dated
02.10.2011.
The petitioners apprehending their arrest in
connection with a case registered for the offence punishable
under Sections 341, 323, 324, 307, 379, 504/34 of the Indian
Penal Code, are named accused in this case of assault due to
some petty land dispute.
Submission is that in fact, this case has been
instituted in retaliation of earlier case i.e. Patepur P.S. Case No.
76 of 2011 instituted at the instance of petitioner no. 1, wherein,
petitioners sustained some injuries, though simple and in the
instant case also the injured appears sustaining some simple
injuries on non-vital parts of the body.
Considering the facts and circumstances of the case,
in the event of their arrest/surrender before the court below
within four weeks, let the above named petitioners be enlarged
on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand
only) each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in
connection with Patepur P.S. Case No. 81 of 2011, G.R. No.
2523 of 2011, subject to condition laid down under Section 438
(2) of the Code of Criminal Procedure with additional condition
to remain physically present before the court below till disposal
of the case and in case of failure on two consecutive dates
without giving any reasonable explanation, the liberty granted
shall be deemed to be cancelled.
( Akhilesh Chandra, J.)
Praveen/-