Ram Ayodhya Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34421 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Krishna Singh son of Late Naurangi Singh .

2. Ranjeet @ Ranjeet Kumar @ Nanak son of Krishna Singh Both resident of Beyapur p.s. Maner , Dist. Patna . .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.38859 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Ram Ayodhya Rai S/o Late Navrangi Singh

2. Shailesh Kumar @ Shailendr Kumar S/o Ram Ayodhya Rai Both are Resident of Village Bayapur, P.S. Maner, District Patna. .... .... Petitioners

Versus

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

(In Cr.Misc. No.34421 of 2014) For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Atul Chandra(App) (In Cr.Misc. No.38859 of 2014) For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-07-2015 Heard learned counsel for the parties.

Having regard to the admitted position that though the petitioners face prosecution for offence under section 302/34 of the Indian Penal Code but there is no direct allegation against them for assaulting the deceased, this Court having regard to the fact that they have no criminal antecedent would be inclined to

Patna High Court Cr.Misc. No.34421 of 2014 (4) dt.23-07-2015 grant privilege of anticipatory bail to the petitioners in both the cases.

That being so, if the petitioners, namely, Krishna Singh, Ranjeet @ Ranjeet Kumar @ Nanak, Ram Ayodhya Rai and Shailesh Kumar @ Shailendr Kumar, surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Anupma Kumari, Judicial Magistrate, 1st Class, Danapur in Maner P.S.Case No. 52/2014, subject to the following conditions:

(i) That the court below shall make verification of criminal antecedent of the petitioners and if it is found that they are accused in any other criminal case, they shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are

Patna High Court Cr.Misc. No.34421 of 2014 (4) dt.23-07-2015 implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U