MANTU RAI @ MANTUN RAI v. STATE OF BIHAR

It has been alleged in the first information report that the petitioner fired in air to terrorize the people while other accused persons fired for the purpose of causing injury. The first information report acknowledges existence of dispute inter se the parties pertaining to a piece of land. In the petition, it has been stated that in relation to the subject land there is a title suit between the parties which is still pending and there was also a proceeding under section 144 of the Code of Criminal Procedure. A few days prior to filing of the first information report, on the basis of which Raghopur P.S. case no. 90 of 2005 was registered, it appears that a first information report was filed from the side of the petitioner and his family members against the informant. Taking into account all these facts and also noting the fact that some of the co-accused persons connected with the said case have been granted anticipatory bail by this - 2 - court, the present application is allowed. Let the petitioner (Mantu Rai @ Mantun Rai), in the event of arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs 10,000/ - (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Raghopur P.S. Case no. 90 of 2005 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Barin Ghosh, J)