Amod Rai @ Amod Kumar And Ors vs State Of Bihar

Heard learned counsel for the petitioners and learned APP for the State.

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.

The allegation against the petitioners is of assault on the informant and her son.

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.

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 the doctor has opined that the same has been cause by hard blunt substance

and are simple in nature.

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.

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 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.

With regard to petitioners no. 1, 2, 4 and 5, the Court is not inclined to grant them anticipatory bail.

Accordingly, their prayer stands rejected.

The application stands disposed off in the aforementioned terms.