Bhagwat Rai @ Bhagwati Rai vs The State Of Bihar
2021 Latest Caselaw 3215 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 23707 of 2021
        Arising Out of PS Case No.-145 Year-2020 Thana- RAJEPUR District- East Champaran
      ======================================================

1. Bhagwat Rai @ Bhagwati Rai, aged about 65 years, Male Son of Late Uchit Rai.

2. Majhi Rai @ Mojhi Rai, aged about 64 years, Male Son of Late Uchit Rai.

3. Ram Rekha Rai, aged about 70 years, Male Son of Jai Prasad Rai.

4. Braj Kishor Rai, aged about 48 years, Male Son of Bhagwati Rai.

5. Rameshwar Rai, aged about 23 years, Male Son of Manjhi Rai.

6. Ashok Rai @ Ashok Kumar, aged about 62 years, Male, Son of Late Suraj Rai.

7. Jawahar Rai @ Jawahar Lal, aged about 35 years, Male Son of Late Suraj Rai.

All residents of Village- Gosaipur, PS Rajepur District- East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Prakash Sharma, Advocate For the State : Mr. Aditya Narayan Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioners on

05.07.2021, which was allowed.

3. Heard Mr. Uday Prakash Sharma, learned counsel for

the petitioners and Mr. Aditya Narayan Singh No. 1, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

Patna High Court CR. MISC. No.23707 of 2021 dt.09-07-2021

4. The petitioners apprehend arrest in connection with

Rajepur PS Case No. 145 of 2020 dated 22.10.2020, instituted

under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504

and 506 of the Indian Penal Code.

5. Learned counsel for the petitioners submitted that

during the pendency of the application, the petitioner no. 4,

namely, Braj Kishor Rai, has been arrested and, thus, he may be

permitted to withdraw the petition on his behalf.

6. In view thereof, the petition on behalf of petitioner

no. 4, namely, Braj Kishor Rai, stands disposed off as withdrawn

and is restricted to petitioners no. 1, 2, 3, 5, 6 and 7, namely

Bhagwat Rai @ Bhagwati Rai; Majhi Rai @ Mojhi Rai; Ram

Rekha Rai; Rameshwar Rai; Ashok Rai @ Ashok Kumar and

Jawahar Rai @ Jawahar Lal, respectively.

7. The allegation against the petitioners is that they had

assaulted the informant and others being variously armed, though

specific against two other co-accused, not petitioners, that they

inflicted blow by farsa on the head of two persons from the

informant's side. Moreover, it is general and omnibus of assault on

two more persons of the informant's side who have also sustained

injuries.

Patna High Court CR. MISC. No.23707 of 2021 dt.09-07-2021

8. Learned counsel for the petitioners submitted that

there is also a counter case for the same incident and the FIR itself

has been filed after two days i.e., on 22.10.2020, whereas the

incident is said to have taken place on 20.10.2020 and, thus, the

same raises doubt with regard to the correctness of the allegation.

It was submitted that the parties are agnates and there was dispute

with regard to division of the ancestral land. Learned counsel

submitted that the petitioners had gone to persuade the informant

not to fight and to settle the matter but they had assaulted and

abused the petitioners' side. Learned counsel submitted that even

otherwise it cannot be believed that old persons would commit the

physical assault especially when other younger family members

have also made accused. In this connection, he submitted that

petitioners no. 1, 2, 3 and 6 are aged 65 years, 64 years, 70 years

and 62 years respectively. Learned counsel summed up his

argument and submitted that the petitioners have no other criminal

antecedent.

9. Learned APP submitted that against two other co-

accused, there may be specific allegation of assault on head but

there are other injuries also on the body and most importantly, two

other persons have also been injured and their injuries is also on

the head which is a vital part and also other parts of the body and, Patna High Court CR. MISC. No.23707 of 2021 dt.09-07-2021

thus, the allegation in the FIR of general assault against all the

petitioners is also proved.

10. 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 petitioner no. 1, namely Bhagwat Rai @

Bhagwati Rai; petitioner no. 2, namely, Majhi Rai @ Mojhi Rai;

petitioner no. 3, namely, Ram Rakha Rai and petitioner no. 6,

namely, Ashok Rai @ Ashok Kumar 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, East Champaran, Motihari in

Rajepur PS Case No. 145 of 2020, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973

and further, (i) that one of the bailors shall be a close relative of

the said petitioners, (ii) that the said petitioners and the bailors

shall execute bond and give undertaking with regard to good

behaviour of the said petitioners and (iii) that the said petitioners

shall co-operate with the police/prosecution and the Court. Any

violation of the terms and conditions of the bonds or the

undertaking or failure to co-operate shall lead to cancellation of

their bail bonds.

Patna High Court CR. MISC. No.23707 of 2021 dt.09-07-2021

11. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the said

petitioners, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the concerned petitioners.

12. The prayer for pre-arrest bail of petitioner no. 5,

namely, Rameshwar Rai and petitioner no. 7, namely, Jawahar Rai

@ Jawahar Lal, stands dismissed.

13. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T