Allowed

Lal Bahadur Rai and Ors. v. The State of Bihar

Patna HC14 Mar 2019CR. MISC./15929/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed an application for anticipatory bail filed by thirteen accused persons charged with offences under various sections of the Indian Penal Code related to assault with lathi and farsa in a fist fight. Reliance was placed on the lack of specific allegations against most petitioners and the absence of grievous injuries.

What did the court decide?

Application for anticipatory bail allowed; petitioners released upon arrest/surrender within six weeks on furnishing bail bond of Rs. 10,000 each with two sureties.

Lal Bahadur Rai and Ors. Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15929 of 2019

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Arising Out of PS. Case No.-110 Year-2018 Thana- MADHUBAN District- East Champaran

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

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LAL BAHADUR RAI aged about 54 years (Male), Son of Sukai Rai Resident of village-Jogauliya Bhagwanpur, Police Station-Madhuban, District-East Champaran.

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Dahaur Rai aged about 60 years (Male) Son of Sukai Rai Resident of village-Jogauliya Bhagwanpur, Police Station-Madhuban, District-East Champaran.

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Amin Rai aged about 62 years (Male) Son of Sukai Rai Resident of villageJogauliya Bhagwanpur, Police Station-Madhuban, District-East Champaran.

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Awadhesh Rai aged about 42 years (Male) Son of Jai Narayan Rai Resident of village-Jogauliya Bhagwanpur, Police Station-Madhuban, District-East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 14-03-2019 Heard learned counsel for the parties.

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This application for anticipatory bail arises out of Maduban P.S. Case N0. 110 of 2018, disclosing offences under Sections 147,148,149,341,323,324,325,307,379,504 and 506 of the Indian Penal Code.

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It is alleged that the accused persons 13 in number, assaulted the informant and his family members with lathi and farsa . There is allegation against co-accused Brij Kishore Rai of having made assault with farsa whereas there is allegation

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Patna High Court CR. MISC. No.15929 of 2019(2) dt.14-03-2019 2/3

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against co-accused Sakal Deo Rai of making assault with lathi in the leg of informant’s brother. Amin Rai, petitioner no.3 is said to have assaulted the informant with lathi .

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Learned counsel appearing on behalf of the petitioners has submitted that so far as these petitioners are concerned, there is no specific allegation of assault except petitioner no.3, who is said to have assaulted the informant with lathi . He has also pointed out that except one injury caused by hard and blunt substance, no injury has been found to be grievous in nature.

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Considering the above submission and the nature of accusation made in the First Information Report, this application is allowed.

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Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, East Champaran at Motihari in Madhuban P.S. Case No. 110 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case

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Patna High Court CR. MISC. No.15929 of 2019(2) dt.14-03-2019 3/3

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may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

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their bail bonds shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J)

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arun/-

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Lal Bahadur Rai and Ors. v. The State of Bihar

Case brief

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Lal Bahadur Rai and Ors. v. The State of Bihar

Case brief

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What the court decided

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