Haribansh Ray And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.50710 of 2015 (2) dt.06-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50710 of 2015 Arising Out of PS.Case No. -259 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Haribansh Ray S/o Late Kamal Ray R/o Village - Bairia Phursatpur, P.S. Motihari Muffasil, District - East Champaran.

2. Baliram Puri @ Baliram Rai S/o Late Dwarika Puri

3. Munna Puri S/o Baliram Puri

4. Dinesh Ray S/o Nemi Ray

5. Phulendra Ray S/o Satai Ray @ Satahi Ray

6. Muntun Ray S/o Satahi Ray @ Chandradev Ray Petitioner Nos. 2 to 6, All residents of village - Bhitaha P.S. Muffasil, Motihari, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 188, 341, 323, 353, 333, 379, 504/34 of the Indian Penal Code registered in connection with Muffasil (Motihari) P.S. Case No. 259 of 2015.

3. It is submitted that the petitioners have been falsely implicated as the accusations themselves are highly improbable considering that the alleged occurrence has transpired during the day time. There are no independent witnesses to corroborate the alleged occurrence. All the petitioners except petitioner no. 1 claim clean criminal

Patna High Court Cr.Misc. No.50710 of 2015 (2) dt.06-11-2015 antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Muffasil (Motihari) P.S. Case No. 259 of 2015, G.R. No. 4591 of 2015, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions : (i) The petitioners shall cooperate with the investigation 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.

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T