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Patna High CourtCR. MISC./15852/2019bail granted

Pappu Ray And ORS v. The State Of Bihar

2019-03-14Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15852 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

PAPPU RAY Son of Parmanand Ray Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 2.

Santosh Yadav Son of Sitaram Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 3.

Vijay Yadav Son of Rajaram Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 4.

Inardeo Yadav Son of Jagdish Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 5.

Vijay Yadav Son of Dukhi Yadav Resident of Village - Bela, P.S- Narpatganj (Basmatiya), District- Araria 6.

Laxman Yadav Son of Late Kunni Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 7.

Fagu Yadav Son of Jugan Yadav Resident of Village - Bela, P.S- Narpatganj (Basmatiya), District- Araria 8.

Ram Ray Son of Sattan Ray Resident of Village - Bela, P.S- Narpatganj (Basmatiya), District- Araria 9.

Sravan Yadav Son of Upendra Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 10.

Sushila Devi Wife of Dev Yadav @ Devkrishna Yadav Resident of Village - Bela, P.S- Narpatganj (Basmatiya), District- Araria 11.

Shital Devi Wife of Upendra Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 12.

Nirmal Yadav Son of Rampujan Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 13.

Rampujan Yadav Son of Late Mohan Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 14.

Sanjay Yadav Son of Ganga Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 15.

Shankar Yadav Son of Ganga Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 16.

Pramod Yadav Son of Sachin Yadav @ Sachen Yadav Resident of Village - Bela, P.S- Narpatganj (Basmatiya), District- Araria 17.

Shankar Sharma Son of Yogendra Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 18.

Shankar Yadav Son of Domi Yadav Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 19.

Anant Malakar Son of Ragi Malakar Resident of Village - Bela, P.SNarpatganj (Basmatiya), District- Araria 20.

Chandan Yadav Son of Rajendra Yadav Resident of Village - Bela, P.S-

Patna High Court CR. MISC. No.15852 of 2019(2) dt.14-03-2019 2/3 Narpatganj (Basmatiya), District- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2019 Heard learned counsel for the petitionerd and learned APP for the State.

2.The petitionerd apprehend their arrest for the offences allegedunderSetions147/148/149/341/323/325/333/353/379 188/427/504/307IPC registered in connection with Narpatganj P.S.Case No. 118 of 2018, GR No. 591 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as 48 named and 70-80 unknown persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. Similarly situated co-accused have been granted anticipatory bail by this Court in Cr. Misc. No. 35737 of 2018. 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Araria, in connection with Narpatganj P.S. Case No. 118 of 2018, GR No. 591 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court CR. MISC. No.15852 of 2019(2) dt.14-03-2019 3/3 i. That one of the bailors shall be a close relative of the petitioners ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate 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.

iv. 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. (Vikash Jain, J) Chandran/- U T