Patna High CourtCR. MISC./76334/2018bail granted

Bharat Rai And ORS v. The State Of Bihar

2019-01-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76334 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- JALALPUR District- Saran ======================================================

1. Bharat Rai and Ors

2. Shankar Rai, Both Son of Late Sheo Pujan Rai

3. Jhulan Rai, Son of Shankar Rai

4. Jairam Rai, Late Thakur Rai

5. Lalak Rai, Son of Chhachnu Rai All Resident of Village-Ganga Kanhauli, POlice Station-Jalalpur, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar , Advocate For the Opposite Party/s :

Mr.Kumar Virendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Jalalpur P.S. Case No. 100 of 2018, registered for offences punishable under Sections 147, 149, 341, 323, 504, 427 and 506 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is of assault and tried to kill the informant when the informant tried to stop for cutting green trees planted at the bank of the pond. Submission of the learned counsel for the petitioners is that they have not committed any offence and there are general and omnibus allegation against them. It has been further submitted that except offence under Section 33 of the Indian

Patna High Court Cr.Misc. No.76334 of 2018(2) dt.29-01-2019 2/2 Forest Act, 1927 all are bailable and the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Jalalpur P.S.Case No. 100 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T