Umesh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14086 of 2016 Arising Out of PS.Case No. -148 Year- 2015 Thana -SONBERSA District- SITAMARHI ======================================================

1. Umesh Rai, son of Sublal Rai

2. Rambali Rai, son of Asharfi Rai.

3. Ranglal Rai, Son of Yadunandan Rai

4. Balmiki Rai, Son of Lal Babu Rai All residents of Village- Sangrampur, P.S. Sonebarsa, District- Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sonebarsa Police Station Case No. 148 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 324, 354 and 379 of the Indian Penal Code. Learned Counsel for the petitioners has submitted that the informant and these petitioners are agnates. The petitioners are said to be having no criminal antecedent. For the occurrence said to have taken place on 07.09.2015, the First Information Report has been registered on 13.09.2015, which casts serious doubt over the veracity of the prosecution case. According to him, no

Patna High Court Cr.Misc. No.14086 of 2016 (2) dt.18-04-2016 2/2 offence under Section 307 of the Indian Penal Code is made out against these petitioners. The allegation of assault by farsha is against accused Ganeshi Rai and Maheshi Rai. Considering the submission, as above, this application is allowed.

Let the petitioners, namely, Umesh Rai, Rambali Rai, Ranglal Rai and Balmiki Rai, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sitamarhi, in connection with Sonebarsha Police Station Case No. 148 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √