Manoj Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6249 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- GORAUL District- Vaishali ======================================================

1. Manoj Rai son Vilash Rai aged about 25 years Male

2. Binod Rai Son of Ram Vilash Rai aged about 38 years Male

3. Amod Rai @ Amod Kumar Rai aged about 25 years male son of Ram Vilash Rai.

4. Sanoj Rai @ Samod Rai Son of Ram Vilash Rai aged about 23 years male All Resident of Village - Rasulpur Fateh, P.S.- Goraul, (Kathara O.P.) DistrictVaishali. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 307, 379, 448, 504 and 506 of the Indian Penal Code registered in connection with Goraul P.S. Case No. 28 of 2018.

3. It is submitted that the petitioners have been falsely implicated as there is no allegation of assault alleged against the petitioners. The specific accusation of assault as well as theft is only against co-accused Mukesh Rai and Akhilesh Rai. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.6249 of 2019(2) dt.08-02-2019 2/2 satisfaction of learned Additional Chief Judicial Magistrate 1st, Vaishali at Hajipur in connection with Goraul P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T