Rahul Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16006 of 2019 Arising Out of PS. Case No.-789 Year-2018 Thana- Sonepur District- Saran ====================================================== 1.

Rahul Ray Son of late Dhuri Ray Resident of Village - Lahtoli Mina Bazar Sonepur, P.S.- Sonepur, Distt - Saran at Chapra. 2.

Karu Ray @ Raj Kumar Ray Son of late Lalbabu Ray Resident of Village - Sabalpur, P.S.- Sonepur, Distt - Saran at Chapra. 3.

Pankaj Kumar Son of Arun Ray Resident of Village - Pachhimari Tola Sabalpur, P.S.- Sonepur, Distt - Saran at Chapra. 4.

Pramod Ray Son of Ramesh Ray Resident of Village - Sabalpur, P.S.- Sonepur, Distt - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Sonepur P. S. Case No. 789 of 2018 dated 11.08.2018 instituted for the offences under Sections 147, 149, 341, 323, 332, 333, 307, 353 and 120B of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984.

The F.I.R. appears to have been lodged by a police

Patna High Court CR. MISC. No.16006 of 2019(2) dt.26-03-2019 2/3 officer who has alleged that around 35 to 40 persons forced the police party to set free the tractor which had been intercepted.

The tractor appears to have been parked in front of the house of petitioner no. 1.

Learned counsel for the petitioners has submitted that though they have been named in the F.I.R. but the accusation is only on the basis of their having been identified by someone else. Nothing specific has been alleged against the petitioners. The petitioners do not have any concern with extraction or transportation of sand.

Considering the general and omnibus nature of accusation against the petitioners as also taking into account the fact that some other accused persons have been granted anticipatory bail and that the petitioners do not have any criminal antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

Patna High Court CR. MISC. No.16006 of 2019(2) dt.26-03-2019 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Saran in connection with Sonepur P. S. Case No. 789 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U