Sudarshan Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15846 of 2015 Arising Out of Sonepur PS.Case No. -501 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Sudarshan Rai Son of Late Ramdeo Rai

2. Amod Rai Son of Surdarshan Rai

3. Pramod Rai @ Binod Rai, Son of Sudarshan Rai, All are residents of village - Shapur Diara ( Sudama Tola ), P.O. and P.S. Sonepur, District - Saran .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhaw Prasad Yadaw For the Opposite Party/s : Ms. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Sudarshan Rai, Amod Rai and Promod Rai @ Binod Rai, in connection with Sonepur Police Station Case No. 501 of 2014 under Section 341/323/504/307/427/379/34 of the Indian Penal Code.

Perused the above application, materials available in the case diary and materials on record including a copy of the order, dated 02.03.2015, passed, in A.B.P. No.2564/5832 of 2014, by the learned Sessions Judge, Saran at Chapra, dismissing the said application for pre-arrest bail.

Patna High Court Cr.Misc. No.15846 of 2015 (3) dt.10-07-2015 Heard Mr. Madhaw Prasad Yadaw, learned counsel for the petitioners, and Ms. Pushpa Singh 2, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of record does not reveal any such incriminating materials against the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners abovenamed shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Sonepur Police Station, Chapra. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Sonepur Police Station, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court

Patna High Court Cr.Misc. No.15846 of 2015 (3) dt.10-07-2015 or to any police officer.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Sonepur Police Station, District Saran at Chapra.

Send also a copy of this order, forthwith, to the Superintendent of Police, Saran at Chapra, by fax. (I. A. Ansari, J) A.I./- U