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Patna High CourtCR. MISC./10468/2016disposed

Parmod Rai And ORS v. The State Of Bihar

2016-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10468 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Parmod Rai, S/o Bhola Rai

2. Satyendra Rai, S/o Late Ram Brich Rai

3. Manjay Kumar @ Manjay Rai S/o Lala Rai

4. Raj Kumar Rai @ Raj Kumar S/o Late Panchu Rai

5. Umesh Rai S/o Nasibi Rai

6. Nagina Rai S/o Sita Rai

7. Parmod Rai, S/o Barhm Rai

8. Sanjay Rai, S/o Lala Rai All are resident of Village- Rustampur, P.S.- Raghopur, Rustampur, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2016 Learned counsel for the petitioners seeks permission to withdraw the application as against petitioner no. 6. The application is dismissed as withdrawn as against petitioner no. 6.

Heard learned counsel for the petitioner nos. 1 to 5, 7 & 8 and the State.

The petitioner nos. 1 to 5, 7 & 8 are apprehending their arrest in a case instituted under Sections 147, 148, 149, 341, 323, 353, 504, 506 and 427 of the Indian Penal Code and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the petitioner nos. 1 to 5, 7 & 8 is that they pelted stone at the informant and police party and broke the glass of the police vehicle. It is also alleged that they insulted informant by taking his caste name.

Patna High Court Cr.Misc. No.10468 of 2016 (2) dt.12-04-2016 2/2 It is submitted on behalf of the petitioner nos. 1 to 5, 7 & 8 that they have got no criminal antecedent. General and omnibus allegation has been made against all the accused. No specific role has been assigned against the petitioners. No offence under SC & ST Act is attracted against the petitioners.

On behalf of the State, it is submitted that petitioner nos. 1 to 5, 7 & 8 are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner nos. 1 to 5, 7 & 8, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Hajipur, Vaishali, in connection with Raghopur P.S. Case no.55 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T