Amarnath Ray @ Amlesh Kumar Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39145 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -PARSA District- SARAN ======================================================
1. Amarnath Ray @ Amlesh Kumar Ray, son of Jalandhar Ray @ Surendra Ray,
2. Jalandhar Ray @ Surendra Ray, son of Gama Ray.
3. Dinesh Kumar, son of Balinder Ray, all resident of village- Bhalwahiya, Police Station- Parsa, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Sanjana, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Parsa P.S. Case No.142 of 2017 instituted for the offence under Section(s) 147, 148, 341, 323, 324, 307, 427, 435, 302 Indian Penal Code, Section 3⁄4 of the Explosives Substance Act.
Counsel for the petitioners submits that there is specific allegation against co-accused, Raghubansh Rai, of causing injury to the informant by bomb and against Pappu Kumar of causing injury in the hand of the informant with sword. There is general and omnibus allegation against the petitioners.
It has been submitted that other co-accused with similar allegation have been granted anticipatory bail by a co-
Patna High Court Cr.Misc. No.39145 of 2018 (2) dt.05-07-2018 2/2 ordinate Bench of this Court by order dated 03.04.2018 passed in Cr. Misc. No.5300 of 2018.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Parsa P.S. Case No.142 of 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 Additional Chief Judicial Magistrate-XIII, Saran at Chapra, subject to the conditions as laid down under Section 438(2) 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T