Sri Chandra Rai @ Matuki Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34897 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- PATORI District- Samastipur ====================================================== 1.

SRI CHANDRA RAI @ MATUKI RAI Son of Sri Ram Jatan Rai Resident of Village- Bahadurpur Patori Tola, Barha, P.S.- Patori, District- Samastipur. 2.

Amarnath Rai Son of Sri Ram Jatan Rai Resident of Village- Bahadurpur Patori (Tola- Barha), P.S.- Patori, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shruti Sinha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This application, for grant of anticipatory bail, arises out of Patori P.S. Case No. 3/19, disclosing offences under Sections 147, 149, 341, 342, 323, 307, 353, 427 and 504 of the Indian Penal Code.

Prosecution story is that police received information that one boy has met with an accident and he was taken to Sub Divisional Hospital, from where he was referred to PMCH, where he died, thereafter, the persons of the area called for Patori Bandh and when the police went there, several persons including petitioners came armed with lathi, danda and assaulted the police personnel causing injuries to them and also tried to snatch the rifle from the police personnel.

Patna High Court CR. MISC. No.34897 of 2019(3) dt.07-08-2019 2/2 Submission of learned counsel for the petitioners is that although they are named in the F.I.R. but no specific allegation has been attributed to them and in the F.I.R. only general and omnibus allegation has been levelled and further they have no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Samastipur, in connection with Patori P.S. Case No. 3/19, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear if the petitioners, in future, again found involved in such type of occurrence, prosecution will be at liberty to move for cancellation of bail bonds of the petitioners.

(Vinod Kumar Sinha, J) sunilkumar/- U T