Ram Raji Rai @ Ramji Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9057 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Ram Raji Rai @ Ramji Rai, S/o Late Ramchandra Rai,

2. Ramanand Rai, S/o Late Ramchandra Rai,

3. Akhilesh Rai, S/o Baliram Rai, All R/o Village- Babhantoli, P.S.- Goraul, Dist- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in connection with Goraul P.S. Case No. 154/2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353, 504, 506 and 189 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners in the written report. Allegation of firing with Deshi Katta is against co-accused Sanjay Rai, who has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 22.09.2017 passed in Cr. Misc. No. 40783/2017. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.9057 of 2018 (3) dt.23-03-2018 2/2 the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Goraul P.S. Case No. 154/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J.)