Rajesh Kumar @ Rajesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34373 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== 1.
RAJESH KUMAR @ RAJESH THAKUR Son of Shivnath Thakur Resident of Village- Tarwa Magar Pal Nooran, P.S.- Dariyapur, District- Saran at Chapra.
2.
Shivnath Thakur Son of Kishorei Thakur Resident of Village- Tarwa Magar Pal Nooran, P.S.- Dariyapur, District- Saran at Chapra. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udai Shankar Singh For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2019 This application, for grant of anticipatory bail, arises out of Dariyapur P.S. Case No. 178/18, disclosing offences under Sections 147, 148, 149, 188, 341, 323, 332, 333, 337, 338, 353, 307, 504 and 506 of the Indian Penal Code. Allegation against the petitioner and others is that they have constructed a Pilani on a land on which, 144 Cr.P.C. proceeding was going on and when the police and informant went there, petitioners and other pelted bricks and stones and when the police went to arrest one Randhir Giri, accused persons got him freed.
It appears that earlier the petitioners along with others have moved before this court for grant of anticipatory bail and
Patna High Court CR. MISC. No.34373 of 2019(4) dt.23-08-2019 2/3 on the submission of learned counsel for the petitioners that supervisory authority has not found the case true against these petitioners and final form has been submitted, learned counsel for the petitioners was allowed to delete the name of these petitioners in earlier application.
However, it has been submitted by learned counsel for the petitioners that under mis-conception that final form has been submitted with regard to these petitioners, learned counsel for the petitioners has prayed for deleting the name and as a matter of fact, the investigation is still going on and the case has been found true, however, only general and omnibus allegation has been attributed to these petitioners and other accused persons have already been granted the privilege of anticipatory bail.
Heard learned A.P.P. also.
Having heard both sides, In view of the above facts, this application is disposed of with direction to the court below to verify the above submission of learned counsel for the petitioners and if the court below is satisfied, then he will release the petitioners on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of like amount to his own satisfaction otherwise, the petitioners
Patna High Court CR. MISC. No.34373 of 2019(4) dt.23-08-2019 3/3 will have to surrender and pray for regular bail. (Vinod Kumar Sinha, J) sunilkumar/- U T