Ram Sresth Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22843 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== 1.

RAM SRESTH RAI Son of Jhari Lal Rai, Resident of Village-Kewat Sah (Munni Bangri), P.S-Piar, District-Muzaffarpur. 2.

Ganesh Rai Son of Ram Sresth Rai, Resident of Village-Kewat Sah (Munni Bangri), P.S-Piar, District-Muzaffarpur.

3.

Arjun Rai Son of Ram Sresth Rai Resident of Village-Kewat Sah (Munni Bangri), P.S-Piar, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 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, 323, 325, 354,379,313 and 34 IPC registered in connection with Piar P.S. Case No. 206/2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties. The police after investigation has not found the case true under Section 313 IPC. There is considerable delay in institution of the FIR on 03.11.2010 for the alleged occurrence of 20.10.2018. The petitioners claim clean antecedents.

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 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 Ms.

Patna High Court CR. MISC. No.22843 of 2019(2) dt.11-04-2019 2/2 Romi Kumari, learned J.M.Ist Class, Muzaffarpur, in connection with Piar P.S. Case No. 206/2018, 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