Alleged of assault two petitioners were denied bail out of seven petitioners for not proving sufficient grounds of proof and were allowed to appeal the court again and the same shall be considered on its own merits: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 237021 Arising Out of PS Case No. 145 Year 2020 Thana RAJEPUR District East Champaran Bhagwat Rai @ Bhagwati Rai aged about 65 years Male Son of Late Uchit 2. Majhi Rai @ Mojhi Rai aged about 64 years Male Son of Late Uchit Rai. Ram Rekha Rai aged about 70 years Male Son of Jai Prasad Rai. Braj Kishor Rai aged about 48 years Male Son of Bhagwati Rai. 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 Jawahar Rai @ Jawahar Lal aged about 35 years Male Son of Late Suraj All residents of Village Gosaipur PS Rajepur District East Champaran The State of Bihar ... Petitioner s For the Petitioner s For the State Mr. Uday Prakash Sharma Advocate Mr. Aditya Narayan Singh No. 1 APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ... Opposite Party s 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 Prosecutoreach 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. 1420 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the said petitioners that the said petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the said petitioners andthat 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.237021 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 (Ahsanuddin Amanullah J

Summary: Alleged of committing assault on the informants’ side the petitioners were taken into custody. The petitioners however tried establishing the grounds that the same has been committed by the informant’s side. The Court after considering all facts and circumstances denied the bail application of two persons and allowed others. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Bhagwat Rai and Others v. The State of Bihar[Criminal Miscellaneous No. 23707 of 2021].  The facts of the case were that the petitioner was apprehended arrest in connection with a  Case, instituted under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. It was alleged that the petitioners 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. The Learned counsel for the petitioner submitted that they had filed a counter case for the same. 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. The Additional Public Prosecutor submitted that the allegation in the FIR of general assault against all the petitioners is also proved. The Hon’ble High Court Of Patna held that apart from petitioners No. 5 and 7, others are granted bail. The Court considering all facts and circumstances allowed the bail for others and had kept 2 still under doubt. However, they were allowed to take up the case and can again apply for bail and the same shall be considered on its own merits.