Ramanand Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30485 of 2018 Arising Out of PS.Case No. -251 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Ramanand Ray, S/o Late Bhupal Ray,
2. Bittu Kumar @ Abhinav Bhardawaj, S/o Jay Shankar Kumar @ Jay Shankar Ray,
3. Mangal Kumar S/o Lalan Ray,
4. Jay Shankar Ray @ Jay Shankar Kumar, S/o Ramanand Ray,
5. Rajendra Ray, S/o Late Tej Narayan Ray,
6. Bikash Kumar, S/o Lalan Ray,
7. Lalan Ray, S/o Late Tej Narayan Ray,
8. Prince Kumar @ Prashant Kumar @ Prince Kumar Ray, S/o Navnit Kumar Sharma, All R/o Vill.- Sansarpur, P.S.- Muffasil, Khagaria, Distt.- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate. For the informant : Mr. Ranjeet Kumar Singh, Advocate. Mr. Pawan Kumar Singh, Advocate.
For the State : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Khagaria (Mufassil) P.S. Case No. 251 of 2016 instituted for the offence under Sections 147, 341, 323, 307, 379, 504 and 325 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioner No. 1 is uncle of the informant and petitioner Nos. 2 to
Patna High Court Cr.Misc. No.30485 of 2018 (3) dt.29-06-2018 2/3 8 are blood relation of the informant.
The police after investigation has submitted final form in the case against the petitioners but cognizance has been taken against the petitioners also by the court below on the basis of petition filed by the informant on 15.02.2018 to add Section 307 of the Indian Penal Code.
The injury report of Rabish Kumar and Sanjay Rai has been enclosed as Annexure-3 which shows that both the injured have sustained simple injuries except injury No. 2 found on the person of Rabish Kumar, which was grievous in nature. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Khagaria (Muffasil) P.S. Case No. 251 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be
Patna High Court Cr.Misc. No.30485 of 2018 (3) dt.29-06-2018 3/3 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T