Saheb Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8245 of 2020 Arising Out of PS. Case No.-188 Year-2018 Thana- MAJORGANJ District- Sitamarhi ====================================================== SAHEB RAI Son of Sebak Rai Resident of Village - Bariyarpur, P.S. Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Majorganj PS Case No. 188 of 2018 registered under Sections 147, 148, 149, 341, 324 and 307 IPC.

Claiming parity with co-accused Feku Rai Counsel for the petitioner submits that he too should be allowed anticipatory bail. The order granting anticipatory bail to Feku Rai in Cr. Misc. No. 10806 of 2019 is Annexure 3 to the application. The petitioner and co-accused Feku Rai are both alleged to have assaulted by means of Dabia.

Learned APP has opposed the prayer.

Considering the claim of parity, this Court is inclined to allow the prayer for anticipatory bail.

In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Sitamarhi in Majorganj PS Case No. 188 of

Patna High Court CR. MISC. No.8245 of 2020(2) dt.28-02-2020 2/2 2018 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T