Ramsewak Rajbanshi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 5270 of 2018 Arising Out of PS. Case No.-102 Year-2017 Thana- Haspura District- Aurangabad ======================================================

1. Ramsewak Rajbanshi,

2. Krishna Rajbanshi Both are sons of Late Ram Kishun Rajbanshi @ Bishunpat Rajbanshi,

3. Sewkin Rajbanshi @ Arvind Rajbanshi @ Shokheen Rajbanshi, son of Ram Sewak Rajbanshi.

4. Ranjeet Ranjanshi, son of Bhodi Rajbanshi

5. Yamuna Rajbanshi son of Ram Chandra Rajbanshi

6. Man Deo Ram, son of Karu Ram

7. Bijay Rajbanshi son of Bishun Deo Rajbanshi All are resident of Village- Shaidpur Motibigha, P.S.- Haspura, District- Aurangabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Md. Ataul Haque For the Opposite Party/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

23-03-2018 Heard Mr. Md. Ataul Haque, learned counsel for petitioners and learned Addl. Public Prosecutor. Seven petitioners, apprehending their arrest in Haspura P.S. Case No. 102 of 2017 registered for offence under Sections 341, 323, 447, 307, 506, 379 and 34 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for petitioners, at the very outset, has drawn my attention to Annexure - 2 to the petition i.e. F.I.R.

Patna High Court Cr.Misc. No.5270 of 2018(4) dt.23-03-2018 2/3 for offence under Sections 304, 34 of the Indian Penal Code and Sections 3(2)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in which, petitioner no. 7 was informant and father of the informant of the present case and others were named as accused in the F.I.R. It has been argued that the said F.I.R. was lodged, vide Haspura P.S. Case No. 101 of 2017, on 29-05-2017 and thereafter, the present F.I.R. was lodged, vide Haspura P.S. Case No. 102 of 2017 on 30-05-2017. He submits that even in the present F.I.R., no specific accusation has been made. There is general and omnibus allegation.

Considering the fact that in the case, F.I.R. was lodged much after lodging of the F.I.R. from the petitioners' side as well as nature of accusation, in the event of arrest of surrender within a period of six weeks from today, let aforesaid seven petitioners namely 1. Ramsewak Rajbanshi, 2. Krishna Rajbanshi, 3. Sewkin Rajbanshi @ Arvind Rajbanshi @ Shokheen Rajbanshi, 4. Ranjeet Ranjanshi, 5. Yamuna Rajbanshi, 6. Man Deo Ram and 7. Bijay Rajbanshi be enlarged 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 learned Judicial Magistrate 1st Class, Daud Nagar Sri S.

Patna High Court Cr.Misc. No.5270 of 2018(4) dt.23-03-2018 3/3 Pandey in connection with Haspura P.S. Case No. 102 of 2017 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T