PAPPU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for setting aside the order dated 2nd of May, 2002 passed by the Sessions Judge, Saran at Chapra in Cr. Misc. No. 62 of 2001 whereby he has set aside the order dated 2-8-2001 passed by the Chief Judicial Magistrate, Chapra granting bail to the petitioners in Rasulpur PS Case No. 39 of 2001.

(2.) Facts giving rise to the present application are that one Doodhnath Manjhi, an ex-army personnel and belonging to the scheduled caste, gave a statement in the emergency ward of the Chapra Sadar Hospital on 13-6-2001 before the Sub-Inspector of Bhagwanpur Police Station, stating therein that on 12-6-2001 he has gone to Rasulpur Bazar for purchasing material for construction of the house and while he was returning to his house, he was followed by three accused persons namely Pappu Rai, Harendra Rai and Yashwant Rai. According to the first information report when the informant reached nearthe house of one Shashi Bhushan Upadhya, two accused persons namely Hari Shankar Rai and Manhu Rai caught hold of his hand and started assaulting him by Chapal and threatened that in case he will not withdraw the case, he will be killed. Further case, according to the first information report, is that in the meanwhile the aforesaid three accused persons namely Pappu Rai, Harendra Rai and Yashwant Rai came from behind and when the informant wanted to flee away, Yashwant Rai fired from the pistol which caused injury to him. According to the informant/on hearing the should, of firing villagers gathered and the accused persons fled away from the place of occurrence.

(3.) It appears that the three accused persons namely, Pappu Rai, Harendra Rai and Yashwant Rai surrendered in the Court of the Chief Judicial Magistrate, Chapra on 2-8-2001 arid prayed for grant of bail. The learned Magistrate considered the application of the aforesaid three accused persons, who ape petitioners herein, for grant of bail and having found that genesis of occurrence is the land dispute between the parties and observing that enmity cuts both ways, ordered for release of the petitioners on bail. The learned Magistrate also took note of the submission of the petitioners that injuries caused on the informant were simple in nature.