Basdeo Rai @ Basudeo Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58620 of 2015 Arising Out of PS.Case No. -117 Year- 2014 Thana - RAGHOPUR District- VAISHALI(HAJIPUR) =====================================
1. Basdeo Rai @ Basudeo Rai, Son of Late Mahendra Rai
2. Saneev Rai @ Sanjeev Kumar, Son of Basdeo Rai
3. Lalu Rao. Son of Jagdish Rai
4. Awadhesh Rai, Son of Ram Janam Rai All R/o Village-Chandpura, P.S. Raghopur, District Vaishali .... .... Petitioners
Versus
The State of Bihar .... ... Opp. Party ===================================== Appearance :
For the Petitioners : Mr. Suraj Narain Yadav, Advocate For the Opposite Party: Mr. Sadanand Paswan,APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Raghopur PS Case No.117 of 2014 disclosing offences under Sections 147, 148, 149, 323, 435, 436, 307, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(iv)(v)(x) and 3(2)(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
There are 40 persons named in the FIR. It is submitted on behalf of the petitioners that the allegation is general and omnibus against most of them. He has relied upon an order of this Court, dated 13.10.2015, passed in Cr.
Patna High Court Cr.Misc. No.58620 of 2015 (2) dt.01-02-2016 2/2 Misc. No. 44334 of 2015, whereby 20 persons have been granted anticipatory bail by this Court. He has further submitted that one similarly situated co-accused, namely, Raju Rai, has also been granted anticipatory bail by this Court, by order dated 07.01.2016, passed in Cr. Misc. No. 58149 of 2015.
Considering the submission that similarly situated persons have been granted anticipatory bail, this application is allowed. It is directed that in the event of their arrest, the petitioners above-named, shall be released 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Raghopur PS Case No.117 of 2014, subject to the conditions as laid down under Section 438(2) CrPC.
This is subject to the further condition that the petitioners shall present themselves before the police/Court below, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) mrl U T