Pappu Rai @ Shishu Basant Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22690 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== 1.
PAPPU RAI @ SHISHU BASANT RAI Son of Shyamnandan Rai Resident of Village - Garbhua Babu Tola, P.S.- Sirsiya O.P. Distt - West Champaran. 2.
Mantu Rai @ Shailendra Rai Son of Shyamnandan Rai Resident of Village - Garbhua Babu Tola, P.S.- Sirsiya O.P. Distt - West Champaran. 3.
Rudal Rai @ Shashi Bhushan Rai Son of late Shatrughan Rai Resident of Village - Garbhua Babu Tola, P.S.- Sirsiya O.P. Distt - West Champaran. 4.
Chhote Rai @ Om Prakash Rai Son of late Shatrughan Rai Resident of Village - Garbhua Babu Tola, P.S.- Sirsiya O.P. Distt - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-04-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 342, 147, 323, 148, 149, 353, 307,427,504,120(B) IPC registered in connection with Chanpatia Sirisiya P.S. Case No. 469/2018.
3. It is submitted that the petitioners have been falsely implicated and the FIR is against 12 named persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioners. Similarly situated co-accused Sri Pandey @ Sri Ram Pandey and Pradeep Pandey have been granted anticipatory bail by this Court in Cr. Misc. No.18785/2019. The petitioners have been made accused in one prior case in which they are on bail.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of
Patna High Court CR. MISC. No.22690 of 2019(2) dt.09-04-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM V, Bettiah, District West Champaran, in connection with Chanpatia Sirisiya P.S. Case No. 469/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T