Ram Pravesh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5729 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Ram Pravesh Rai Son of Jawahar Lal Rai

2. Rajesh Kumar Son of Ram Pravesh Rai

3. Mukesh Kumar Son of Pravesh Rai.

4. Akhilesh Kumar Son of Surendra Rai.

5. Mithilesh Kumar Son of Surendra Rai All of Village Jagdishpur, P.S. Maniyari District-Muzaffarpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Maniyari P.S. Case No. 197 of 2016 for the offences instituted under Sections 147, 149, 341, 323, 379, 436 and 506 of the Indian Penal Code.

The allegation against the petitioners is that after making unlawful assembly, they set the house of the informant on fire, while the informant was sleeping in his house. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.5729 of 2017 (3) dt.07-03-2017 2/2 present case due to land dispute between the parties. The date of occurrence is 22.10.2016. The case has been instituted on 24.10.2016. The delay has not been explained by the prosecution. General and omnibus allegation has been made against the petitioners. Prior to institution of the present F.I.R., a case was instituted by the petitioner no.3, where the informant sides are accused.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Maniyari P.S. Case No. 197 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri M.K. Mishra, J.M.1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T