Daroga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2335 of 2020 Arising Out of PS. Case No.-225 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

Daroga Rai, Son of Late Haricharan Rai, Resident of Village - Patlapur Bagicha, P.S.- Shahpur, Distt.- Patna.

2.

Police Rai, Son of Late Haricharan Rai, Resident of Village - Patlapur Bagicha, P.S.- Shahpur, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Shahpur P.S. Case No. 225 of 2019 registered for the offence(s) punishable under Sections 147, 148, 149, 341, 323, 504, 325, 307 and 302 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, earlier there was a land dispute between the parties. It is alleged that one co-accused person fired on the wife of the informant causing death of the informant's wife. It is further alleged that all the accused persons

Patna High Court CR. MISC. No.2335 of 2020(2) dt.26-03-2020 2/3 assaulted the informant and his two sons.

It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. There is no specific allegation against the petitioners. Petitioners have no criminal antecedent. Similarly situated co-accused persons have already been granted bail vide order dated 27.11.2019 passed in Criminal Misc. No. 54192 of 2019.

Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioners be enlarged 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 learned A.C.J.M.-I, Danapur, Patna in connection with Shahpur P.S. Case No. 225 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.2335 of 2020(2) dt.26-03-2020 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) Ankit/- U T