Patna High CourtCR. MISC./40546/2017bail granted

Rajendra Rai And ORS v. The State Of Bihar

2017-09-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40546 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajendra Rai.

2. Nand Kishore Rai, Both sons of Sukhal Rai.

3. Hiralal Rai, son of Mangani Rai.

4. Rambabu Rai, son of Akalu Rai.

5. Bhunesh Rai, son of Sukhal Rai, All Resident of Village- Bhada, P.S. Harsidhi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The learned counsel for the informant is also present.

The petitioner apprehend their arrest in connection with Harsidhi P.S. Case No.207 of 2017 G.R. Case No.3361 of 2017 instituted for the offence under Sections 341, 447, 323, 324, 307, 504, 379/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is general and omnibus allegation against them. There is specific allegation against co-accused Harendra Rai, Shambhu Rai and Moti Rai.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.40546 of 2017 (2) dt.04-09-2017 2/2 allowed and it is ordered that all the petitioners named above in the event of their arrest or surrender in the Court below within six weeks from the date of receipt / production of copy of this order, shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each in connection with Harsidhi P.S. Case No.207 of 2017 G.R. Case No.3361 of 2017 to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, subject to condition as laid down u/s 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 tampers 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.