High Court Patna High Court - Orders

Suresh Rai @ Suresh Prasad Rai & … vs The State Of Bihar on 16 November, 2011

Patna High Court – Orders
Suresh Rai @ Suresh Prasad Rai & … vs The State Of Bihar on 16 November, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.26288 of 2011

                       1.Suresh Rai @ Suresh Prasad Rai.
                       2.Bhuli Rai.
                       Both Sons of Shri Ganga Rai, residents of Village
                       Sabbalpur Pachhiyary, P.S. Sonepur, District Saran
                       (Chapra).
                                                                             -------Petitioners
                                                   Versus
                       The State Of Bihar
                                                                        -----Opposite Party
                                               ------------------

04/- 16/11/2011 Heard Mr. Kamlesh Kumar Pathak learned counsel

for the petitioners and Mr. Damodar Prasad Tiwary learned

Additional Public Prosecutor for the State, who is armed with

carbon/xerox copy of the case diary up to paragraph – 29 dated

31/07/2011.

Both the petitioners apprehending their arrest in

connection with a case registered for the offence punishable

under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of

the Indian Penal Code, are named accused in this case with

allegation of inflicting simple injuries upon prosecution side in a

petty land dispute.

Submission is that there is counter version also

instituted at the instance of one Gogal Rai bearing Sonepur P.S.

Case No. 137 of 2011. Moreover, injuries inflicted are simple in

nature on non-vital parts of the body in a petty land dispute.

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, Saran at Chapra, in

connection with Sonepur P.S. Case No. 133 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, 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/-