Patna High Court - Orders
Hiralal Rai & Anr vs The State Of Bihar on 6 April, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15951 of 2018
Arising Out of PS.Case No. -70 Year- 2017 Thana -GHORASAHAN
District- EAST CHAMPARAN (MOTIHARI)
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1. Hiralal Rai, S/o Late Girja Rai,
2. Gajendra Rai, S/o Late Inar Rai,
Both resident of Village- Rajwada, P.S.- Ghorasahan,
District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 06-04-2018Heard the learned counsels for the petitioners, the informant and the State.
The petitioners have been made accused in connection with Ghorasahan P.S. Case No. 70 of 2017, dated 25.02.2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307, 504 and 506 of the Indian Penal Code.
It has been alleged in the First Information Report that one Akhileshwar Kumar Tiwary gave a farsa blow Patna High Court Cr.M isc. No.15951 of 2018 (2) dt.06-04-2018 2/3 on the head of the informant. So far as petitioner No. 1 is concerned, he is said to have assaulted the informant by means of a lathi and also hit the informant in his testicles. The petitioner No. 2 is also said to have assaulted the informant by means of lathi over his back and chest.
Learned counsel for the petitioners has submitted that even though the petitioners were named in the First Information Report, but they were not sent up for trial, after the investigation. The learned Sub-Divisional Judicial Magistrate, Sikarahana (East Champaran), differing with the police report, took cognizance against the petitioners also for the aforesaid sections. It has also been submitted that the main dispute of the informant is with aforesaid Akhileshwar Kumar Tiwary and the petitioners have only been made accused in this case because they have shown partisan approach towards Akhileshwar Kumar Tiwary. The injuries suffered by the informant are not grievous.
There is counter case also vide Ghorasahan P.S. Case No. 70 of 2017, which has been lodged by aforesaid Akhileshwar Kumar Tiwary.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on Patna High Court Cr.M isc. No.15951 of 2018 (2) dt.06-04-2018 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarahana at Dhaka, Distt.-East Champaran in connection with Ghorasahan P.S. Case No. 70 of 2017.
(Ashutosh Kumar, J) Praveen-II/-
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