Jagarnath Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18730 of 2017 Arising Out of PS.Case No. -281 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Jagarnath Rai, son of late Saryug Rai
2. Raj Ballabh Rai, son of Jagarnath Rai
3. Ashok Rai, son of Jagarnath Rai
4. Bachiya Devi, wife of Jagarnath Rai
5. Krishna Devi, wife of Raj Ballabh Rai, All are resident of village- Bakhara Bujurg, Police Station- Bhagwanpur, District- Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Sri Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner.
The petitioners are apprehending their arrest in connection with Bhagwanpur P.S. Case No. 281 of 2015, registered for offences punishable under Sections 143, 341, 323, 342, 307, 302, 447 and 380 of the Indian Penal Code. The petitioners are named in the FIR and the case is under Section 302 and other Sections of the IPC. It has been submitted on behalf of the petitioners that as except the names of the petitioners in the column of the FIR there is nothing specific attributed against these petitioners and there is case and counter case between the parties. Even in the post mortem report, there is no specific injury mentioned.
Patna High Court Cr.Misc. No.18730 of 2017 (2) dt.04-05-2017 2/3 Heard learned A.P.P. also.
Having heard both sides and in view of the facts stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 281 of 2015, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.
(iii) During the course of investigation, if any serious incriminating material comes against the petitioners, the prosecution shall be at liberty to move for cancellation of
Patna High Court Cr.Misc. No.18730 of 2017 (2) dt.04-05-2017 3/3 their bail bonds.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) S.Pandey/- U T