Patna High CourtCR. MISC./9041/2015bail granted

Kashi Rai v. The State Of Bihar

2015-03-17Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9041 of 2015 (3) dt.17-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9041 of 2015 Arising Out of PS.Case No. -164 Year- 2008 Thana -BANIAPUR District- SARAN ======================================================

1. Kashi Rai Son of Sri Asharif Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Baniyapur P.S. Case No. 164 of 2008 registered for the offences punishable under Sections 382, 302, 201/34 of the Indian Penal Code and 3 (x) of S.C./S.T. (Prevention of Atrocities) Act. Admittedly, on the basis of Complaint Case No. 2755 of 2008 the present Baniyapur P.S. Case No. 164 of 2008 was registered which was investigated by the police and after due investigation police submitted final form showing the accusation untrue but the court below differed with the findings of the police and took the cognizance of the offence. Moreover, having more or less similar allegation, one co-accused, namely, Binod Singh has already been admitted to anticipatory bail by this court vide order

Patna High Court Cr.Misc. No.9041 of 2015 (3) dt.17-03-2015 dated 20.01.2015 passed in Cr. Misc. No. 2388 of 2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Chief Judicial Magistrate, Saran, Chapra in Baniyapur P.S. Case No. 164 of 2008 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T