IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 69724 of 2019
Arising Out of PS. Case No.-275 Year-2019 Thana- LALGANJ District- Vaishali
1. Amod Rai @ Amod Kumar, Male, aged about 50 years.
2. Santosh Rai, Male, aged about 35 years.
3. Manoj Rai, Male, aged about 55 years.
4. Pramod Rai, Male, aged about 40 years.
All Sons of Ram Babu Rai.
5. Laloo Rai @ Laloo Kumar, Male, aged about 25 years, Son of Tribhuwan
Rai,
6. Tribhuwan Rai, Male, aged about 71 years, Son of Chaturi Rai.
All Resident of Village- Agarpur, Ward No. 9, P.S.- Lalganj, District-
Vaishali.
… … Petitioner/s
Versus
The State of Bihar
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 16-03-2020
Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend arrest in connection with
Lalganj PS Case No. 275 of 2019 dated 06.08.2019 instituted
under Sections 341, 323, 324, 307, 354B, 504, 379 and 506/34 of
the Indian Penal Code.
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3. The allegation against the petitioners is of assault on
the informant and her son.
4. Learned counsel for the petitioners submitted that it
was a family dispute as the informant is the daughter-in-law of the
brother of petitioner no. 6 and the petitioners no. 1 to 4 are sons of
another brother whereas petitioner no. 5 is the son of petitioner no.
6. It was submitted that all the parties live in the same ancestral
house, though in different demarcated quarters after partition and
due to some land related dispute, the incident took place which
was a simple skirmish in which both sides have sustained minor
injuries. It was submitted that the informant and her husband, who
is the son of the brother of the petitioner no. 6, had sold land
which was not allotted in their share due to which some of the
petitioners have filed title suit for cancellation of the said sale
deed. Learned counsel submitted that the injury on the side of the
petitioners is more grievous than have been found on the
informant and her son in the present case. It was submitted that
the petitioners no. 3 and 6 have no other criminal antecedent. It
was submitted that though the allegation against petitioner no. 6 is
of inflicting blow by Farsa on the arm but only lacerated wound
has been found on the right elbow and left hand above wrist and
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the doctor has opined that the same has been cause by hard blunt
substance and are simple in nature.
5. Learned APP submitted that the parties have indulged
in skirmish and injuries have been inflicted by them. It was further
submitted that the petitioner no. 5 has two other cases against him,
including under Sections 498A, 307 of the Indian Penal Code and
3/4 of the Dowry Prohibition Act as also under serious sections of
the Indian Penal Code and the Bihar Excise Act whereas the
petitioners no. 1, 2 and 4 are involved in a case under Sections
379, 324 and 325 of the Indian Penal Code.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners no. 3 and 6 namely, Manoj Rai
and Tribhuwan Rai, be released on bail upon furnishing bail bonds
of Rs. 25,000/- (Twenty Five thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Hajipur in Lalganj PS Case No. 275 of 2019,
subject to the conditions laid down in Section 438(2) of the Code
of Criminal Procedure, 1973. One of the bailors shall be a close
relative of the petitioners no. 3 and 6. The petitioners and the
bailors shall execute bond with regard to good behaviour of the
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petitioners no. 3 and 6. The petitioners no. 3 and 6 shall also give
an undertaking to the Court that they shall not indulge in any
criminal activity. Any violation of the terms and conditions of the
bonds or the undertaking shall lead to cancellation of their bail
bonds.
7. With regard to petitioners no. 1, 2, 4 and 5, the Court
is not inclined to grant them anticipatory bail.
8. Accordingly, their prayer stands rejected.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
