High Court of Patna granted anticipatory bail to petitioner Dinesh Rai and co-sharers in a criminal case alleging assault. The court noted only one simple injury was found despite multiple assault allegations, releasing them on bonds within four weeks.
Released on anticipatory bail on bonds of Rs.10,000 each with two sureties within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43905 of 2017
Arising Out of PS.Case No. -82 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR
Heard both sides.
3 09-10-2017
The petitioners apprehend their arrest in Warisnagar P.S. Case No. 82 of 2016 under Sections 308, 323 and 324 and other sections of the Indian Penal Code.
The informant Ram Prasad Roy named the petitioners, along with other accused persons, and alleged that they entered into his hut. Brahmdeo Rai, who is not the petitioner, assaulted him with chaku. Shankar Rai also assaulted Dani Rai with lathi. Dinesh Rai, petitioner no. 1, also assaulted Dani Rai with lathi.
The learned counsel for the petitioners submits that there is no allegation of assault against Lakshman Rai, Mahesh Rai and Gajju Rai, petitioners 2, 3 and 4. Dinesh Rai, petitioner no. 1, is alleged to have assaulted Dani Rai with lathi and Shankar Rai is also alleged to have assaulted Dani Rai with lathi, but, there is only one injury on the person of Dani Rai, which is simple in nature. Petitioners are co-sharers and on account of this, false case has been lodged.
Patna High Court Cr.Misc. No.43905 of 2017 (3) dt.09-10-2017
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The learned Additional Public Prosecutor vehementally opposed the prayer for bail.
Having considered the facts that the petitioners are co-sharers of the informant and there is no specific allegation of against the petitioners, save and except Dinesh Rai assaulted Dani Rai, but, only one injury is found on Dani Rai, which is simple in nature, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Warisnagar P.S. Case No. 82 of 2016 to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
(Prabhat Kumar Jha, J)
SA/-
U √ T √
1 issue framed by the court
Whether to grant anticipatory bail to petitioners accused in a case alleging assault with a lathi where the injury found is simple in nature.
1 provisions across 1 enactments
Dinesh Rai
Lakshman Rai
Mahesh Rai
Gajju Rai
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
