Bhola Rai @ Bhola Prasad Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10366 of 2018 Arising Out of PS.Case No. -367 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================
1. Bhola Rai @ Bhola Prasad Rai, Son of Late Jagdev Rai,
2. Ran Vijay Rai @ Ran Vijay Kumar, Son of Bhola Rai @ Bhola Prasad Rai,
3. Randhir Rai @ Randhir Kumar Rai, Son of Bhola Rai @ Bhola Prasad Rai,
4. Dharmveer Kumar Rai, Son of Bhola Rai @ Bhola Prasad Rai,
5. Dharmjeet Rai @ Chilka, Son of Bhola Rai @ Bhola Prasad Rai,
6. Charanjit Rai @ Mulukba Karanjeet Kumar @ Bhulukwa, Son of Bhola Rai @ Bhola Prasad Rai, All, Resident of Village- Baghra Mohanpur, P.S. Shahpur Patory, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Patory (Mohanpur O.P.) P.S.Case no.367 of 2017 , registered for offences punishable under Sections 147, 148, 307, 323, 341, 342, 379 and 504 of the Indian Penal Code.
Allegation against the petitioners is of firing on the informant causing injury to him.
Submission of the learned counsel for the petitioners is that though there is allegation of firing but all the injuries were found of hard and blunt substance, which are simple in nature and there
Patna High Court Cr.Misc. No.10366 of 2018 (3) dt.09-04-2018 2/2 is counter case also.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Patory (Mohanpur O.P.) P.S.Case no.367 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T