Sikandar Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7427 of 2019 Arising Out of PS. Case No.-461 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ======================================================
1. Sikandar Rai, Son of Late Jagat Rai,
2. Dhananjay Rai, Son of Late Jagat Rai
3. Sanjay Rai, Son of Late Jagat Rai
4. Ramayan Rai, Son of Late Jagat Rai All are residents of village - Chanchawar, P.S. Chapra Muffasil, Distt. Saran
5. Mangru Rai, Son of Parma Rai, Resident of Village - Bingawa, P.S. Doriganj, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Chapra Muffasil P.S. Case No.461 of 2018, registered for the offence punishable under Sections 341, 323, 324, 379, 307, 504, 506, 34 of Indian Penal Code and Section 27 of Arms Act.
Allegation against the co-accused including the petitioners is to have demanded Rs. 30,000/- as ransom from the informant and when the informant failed to obliged them they resorted firing in air and assaulted him causing injury. Learned counsel for the petitioner submits that the alleged occurrence took place on 22.10.2018 but the FIR was
Patna High Court Cr.Misc. No.7427 of 2019(2) dt.08-02-2019 2/2 lodged on 28.10.2018 i.e. after 8 days of the occurrence but the delay in lodging the FIR has not been explained in the FIR. The petitioners have got no criminal antecedents. Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrte, Saran, Chapra, in connection with Chapra Muffasil P.S. Case no.
461 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan U T