Bikrama Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16879 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

Bikrama Rai , Male, aged 60 years, Son of Late Ram Janam Rai 2.

Updesh Rai, Male, aged about 32 years, 3.

Sugriv Rai, Male, aged about 40 years, 4.

Chhote Rai Male, aged about 26 years, All three sons of Bikrama Rai 5.

Ramanand Rai , Male, aged about 40 years, Son of Late Rudal Rai All resident of Village - Radhiya, P.S.-Maharajganj, District - Siwan ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Raghav Prasad, Advocate For the Opposite Party :

Mr.Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 379, 504, 34 and 307 of the Indian Penal Code registered in connection with Maharajganj P.S. Case No. 274 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute between children of the respective sides in which both sides have received injuries. It is submitted that no specific accusation of assault has been attributed to petitioner nos. 1, 3 and 4. The accusation of assault with farsa on the head of the informant by petitioner no. 2 is not supported by the injury report showing lacerated wound which is simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest

Patna High Court CR. MISC. No.16879 of 2019(2) dt.26-03-2019 2/2 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 bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan in connection with Maharajganj P.S. Case No. 274 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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. (iv) That the petitioners shall cooperate 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. BT/- (Vikash Jain, J) U T