Ram Sewak Rai &Amp; Ors. vs The State Of Bihar on 31 March, 2011

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Patna High Court - Orders

Ram Sewak Rai &Amp; Ors. vs The State Of Bihar on 31 March, 2011

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.4253 of 2011
          1. RAM SEWAK RAI SON OF JAMADAR RAI @ JIMEDAR RAI.
          2. SHIV SHANKAR RAI SON OF DEVENDRA RAI.
          3. UDAY RAI SON OF DEVENDRA RAI.
          4. MUKESH RAI SON OF SIPAHI RAI.
          5. JAMADAR RAI @ JIMEDAR RAI SON OF LATE DWARIK RAI @
              DAURIKA RAI.
          6. RABINDRA RAI SON OF JAMADAR RAI.
          7. HARENDRA RAI @ HARINDRA RAI @ HARENDRA PRASAD YADAV
              SON OF JAMADAR RAI.
          8. DEVENDRA RAI SON OF JAMADAR RAI.
          9. SHAMBHU RAI SON OF RABINDRA RAI.
          10. SANJIT RAI SON OF BIRENDRA RAI.
          11. RAJIV RAI @ RAJIV KUMAR SON OF NAGENDRA RAI.
          12. DILIP KUMAR SON OF HARENDRA RAI @ HARINDRA RAI @
              HARENDRA PRASAD YADAV.
                                             Versus
                                  THE STATE OF BIHAR
                                           -----------


3   31.03.2011

Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 302, 448 and 504 of the Indian Penal Code.

It is alleged against 14 persons to have brutally assaulted the victim by lathi. The postmortem report reflects only one stitched wound. No external assault injury was found during the postmortem.

A counter affidavit has been filed by the learned counsel for the informant bringing on record the Bed Head Ticket, which also suggests abrasion on 2 the Maxillary region and swelling of the abdomen.

Learned counsel for the informant submits that earlier he lodged the case against the petitioners' side and as a retaliatory measure, the assault was made.

The accusation is absolutely not corroborative either by the Bed Head Ticket or by the postmortem report.

Since, the above named petitioner no.2 has already been arrested, his application for anticipatory bail has become infructuous.

Considering the aforesaid facts, let the above named petitioners nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, (West) Muzaffarpur in connection with Kurhani P.S. Case No. 181/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J.) 3 Amrendra/-

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Patna High Court - Orders