Krishan Mohan Rai @ Brij Mohan Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4808 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- GAIGHAT District- Muzaffarpur ======================================================

1. Krishan Mohan Rai @ Brij Mohan Rai S/o Soney Rai

2. Suresh Rai S/o Late Rajendra Rai Both r/o Village- Tekuna Jarang, P.S.-Gaighat, Distt.-Muzzafarpur.

3. Pukar Rai S/o Late Tripti Rai r/o Village - Mohamadpur, Shura, P.S.-Gaighat, Dist.-Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Gaighat P.S. Case No. 90 of 2018 for the offence under Sections 147, 148, 341, 323, 307, 353, 427 and 188 of the Indian Penal Code.

From the First Information Report, it appears that a group of persons were protesting against death of someone in an occurrence, which had taken place on 10.04.2018, and they were demanding compensation from the Government. They had obstructed free flow of traffic and when the police party reached there, they are said to have pelted stones on the police party. Sub Inspector of Police of the concerned police station is the informant. It is evident from the First Information Report that

Patna High Court Cr.Misc. No.4808 of 2019(2) dt.29-01-2019 2/2 there is no specific allegation against these petitioners of any overt act.

Considering the nature of accusation made in the First Information Report, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-15th, Muzaffarpur, in Gaighat P.S. Case No. 90 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T