Partly allowed

Shambhu Rai and Ors. v. The State Of Bihar

Patna HC26 Apr 2018CR. MISC./22766/2018

Case brief

AI extract

What is this about?

The Patna High Court disposed of a criminal miscellaneous petition seeking pre-arrest bail under Section 438 Cr.P.C. The Court rejected bail for petitioners 1, 10, and 5 due to specific allegations and criminal antecedents. Bail was granted to the remaining petitioners subject to a bond and compliance with statutory conditions.

What did the court decide?

Bail granted to petitioners Nos. 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, and 14; prayer for anticipatory bail rejected for petitioners Nos. 1, 10, and 5.

Shambhu Rai and Ors. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22766 of 2018

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Arising Out of PS.Case No. -543 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI)

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======================================================

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Shambhu Rai, Son of Late Sukdeo Rai,

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Birendra Rai, Son of Late Sukdeo Rai,

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Bijay Rai, Son of Late Sukdeo Rai,

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Chhatu Rai, Son of Late Kuldip Rai,

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Banka Rai, Son of Chhatu Rai,

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Mukhlal Rai, Son of Chhatu Rai, null

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Sukhlal Rai @ Sukhal Rai, Son of Chhatu Rai,

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Subhash Rai @ Subash Kumar, Son of Chhatu Rai,

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Madan Rai, Son of Late Siyaram Rai,

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Chandeshwar Rai, Son of Late Siyaram Rai,

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Birlal Rai, Son of Late Siyaram Rai,

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Ram Sewak Rai, Son of Late Siyaram Rai,

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Kanhai Rai, Son of Birlal Rai, All are resident of Kaswa Kadamwa, P.S.- Ghorasahan, District- East Champaran.

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Saroj Rai @ Saroj Kumar, Son of Bipin Rai, Resident of VillageDharharwa, P.S.- Chiraiya, District- East Champaran.

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.... .... Petitioner/s Versus

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The State of Bihar.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey

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====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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2 26-04-2018 Heard the counsel for the petitioners and counsel for the

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State.

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In this case the petitioners are seeking pre-arrest bail in Ghorasahan P.S.Case No.543 of 2017 for the offences under Sections 147, 149, 341, 323, 307, 504 and 504 of I.P.C.

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Allegation has been made that all accused persons came to the house of the informant on 29.10.2017 surrounded him and

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Patna High Court Cr.Misc. No.22766 of 2018 (2) dt.26-04-2018

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tried to strangulate him. Further allegation has been made that they had mercilessly assaulted him and they also hurled abuse on him due to which he became unconscious In the meantime, police came and saved his life and he was rushed to the hospital.

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Counsel for the petitioners submits that there is no specific allegation against the petitioners rather vague statement has been made in the F.I.R. It is further submitted that petitioner no.l had earlier lodged Ghorasahan P.S.Case No.492 of 2017 in which the informant had been made an accused for murder of his own brother and the present case is counter blast of the aforesaid earlier case. There are two criminals cases are in credit of petitioner no.1 whereas petitioners no.10 and 5 are accused in one case. Petitioners No.2,3, 4, 6, 7, 8, 9, 11, 12, 13 to 14 have clean antecedent.

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So far petitioners no.1, 10 and 5 are concerned, their prayer for anticipatory bail is rejected.

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Looking to the facts of the case, let the petitioners Nos.2,3,4,6,7, 8,9,11,12,13 and 14, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of S.D.J.M, Sikrahana at Dhaka, East Champaran, in

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Patna High Court Cr.Misc. No.22766 of 2018 (2) dt.26-04-2018

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3/3

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Ghorasahan P.S. Case No.543 of 2017 subject to the conditions as laid down under section 438(2) of Cr.P.C.

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(Shivaji Pandey, J)

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AnilKrSinha/-

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Shambhu Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shambhu 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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