Partly allowed

Suresh Rai and Ors. v. The State Of Bihar

Patna HC12 Mar 2015CR. MISC./33264/2014

Case brief

AI extract

What is this about?

This order addresses a bail petition where two petitioners waived the matter as they were arrested, awaiting the fate of the appellant for whom preliminary observations were made regarding injury levels; conditional anticipatory bail was granted if arrested or surrendered within four weeks by furnishing a bond with sureties under Section 438(2) Cr.P.C.

What did the court decide?

Bail on furnishing bond of Rs. 10,000 with two sureties of like amount each to the Chief Judicial Magistrate if arrested or surrender within four weeks.

Suresh Rai and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.33264 of 2014

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Arising Out of PS.Case No. -11 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== 1. Suresh Rai son of Bhagya Narayan Rai

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Birendra Rai son of Satanarayan Rai

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Nand Kishore Rai son of Ram Narayan Rai All resident of village Rampur Parori P. s. Sitamarhi District Sitamarhi . .... .... Petitioner/s Versus

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1. The State of Bihar.

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nirmal Kumar Sinha-3 For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 4 12-03-2015 Heard the learned counsel for the informant. The petition on behalf of petitioner nos.2 and 3 has become infructuous, as they have been arrested. Petitioner no.1 Suresh Rai apprehends arrest in relation to Sitamarhi P.S. Case No. 11/2014, instituted under sections 147, 148, 149, 447, 341, 323, 324, 307 and 504 of the Indian Penal Code. Learned counsel for the petitioner draws attention of this Court to the fact that there is a counter-case. There being land dispute between the parties. Both sides are injured, but there is no

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Patna High Court Cr.Misc. No.33264 of 2014 (4) dt.12-03-2015

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2 / 2

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mention of injury on the prosecution parties. Injuries are not such as to draw inference of assault with the intent to kill.

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Be that as it may, it is directed that in the event of arrest or surrender within four weeks from today, the petitioner Suresh Rai shall be enlarged on bail on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S.Case No. 11/2014, subject to the conditions as laid down under section 438(2)Cr.P.C.

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(Navaniti Prasad Singh, J)

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B.Roy/-

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Suresh Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Suresh Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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