Allowed

Bir Chandra Rai and Anr. v. The State Of Bihar

Patna HC4 Jul 2014CR. MISC./9764/2014

Case brief

AI extract

What is this about?

The Supreme Court of India allowed the petitioners' plea for anticipatory bail in a criminal matter involving allegations of assault. The petition, filed against a backdrop of a family dispute over fruit trees, sought release on bail subject to furnishing sureties and complying with relevant legal provisions. The court granted bail pending the outcome of the trial.

What did the court decide?

Release on bail on furnishing bonds of Rs. 10,000 each with two sureties of like amount, subject to conditions under Section 438 (2) Cr.P.C.

Bir Chandra Rai and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9764 of 2014

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Arising Out of PS.Case No. -280 Year- 2013 Thana -PATORI District- SAMASTIPUR ====================================================== 1. Bir Chandra Rai, Son of Late Nunu Rai Resident of Village - Hetanpur, P.S. Patori, District- Samastipur. 2. Pramod Rai, Son of Late Nunu Rai, Resident of Village - Hetanpur, P.S. Patori, District- Samastipur. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Opposite Party/s : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 04-07-2014 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 326, 307, 353/34, 120B of the IPC and Section 3/4 of the Explosive Substance Act registered in connection with Patory P.S. Case No. 280 of 2013.

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Accusation is of assault following a minor altercation over fruits of palm tree. The petitioners are full brothers of the informant and said to have

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Patna High Court Cr.Misc. No.9764 of 2014 (2) dt.04-07-2014

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assaulted the informant and his family members with bombs.

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It is submitted that the entire accusations are highly exaggerated and belied from the injury reports of the informant and his wife showing minor injuries of simple nature. There is case and counter case between the parties and the occurrence as a result of family disputes.

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Considering the above facts, as such, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Samastipur, in connection with Patory P.S. Case No. 280 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J)

P.K./-

Patna High Court Cr.Misc. No.9764 of 2014 (2) dt.04-07-2014 3

Bir Chandra Rai and Anr. v. The State Of Bihar

Case brief

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Bir Chandra Rai and Anr. v. The State Of Bihar

Case brief

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