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Patna High CourtCR. MISC./45762/2017bail granted

Ajay Rai @ Ajay Kumar And ORS v. The State Of Bihar

2017-10-04Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.45762 of 2017 (2) dt.04-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45762 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Ajay Rai @ Ajay Kumar, Son of Late Bharat Rai @ Chouthi Rai,

2. Shivchandra Rai Son of Faguni Rai,

3. Shivji Rai Son of Faguni Rai,

4. Ramnandan Rai @ Ramnandan Kumar Son of Faguni Rai, null

5. Amrendra Kumar Son of Faguni Rai, null

6. Faguni Rai Son of Late Jageshwar Rai,

7. Suraj Kumar Son of Laxman Rai All are R/o Village- Madhoul, P.S.- Kudhni, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kudhani P.S.Case No.246 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 307, 504, 354, 427 and 379 of Indian Penal Code.

It has been submitted that there is specific allegation against the co-accused Raju Rai and Kalpatiya Devi of assaulting the informant with garasa causing injury on his head. There is general and omnibus allegation against these petitioners of assaulting.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.45762 of 2017 (2) dt.04-10-2017 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kudhani P.S. Case no.246/ 17, G.R.No.1453/17, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sri Nayan Kumar, J.M. 1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) AnilKrSinha/- U T