Vikash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37383 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- MANER District- Patna ====================================================== 1.
VIKASH RAI, male, aged about 42 years, Son of Hari Narayan Rai Resident of Lodipur, P.S.- Maner, District- Patna. 2.
Shivji Rai, male, aged about 55 years, Son of Late Raju Rai Resident of Lodipur, P.S.- Maner, District- Patna.
3.
Bharat Rai, male, aged about55 years, Son of Mathura Rai Resident of Lodipur, P.S.- Maner, District- Patna.
4.
Pappu Kumar @ Pappu Rai, male, aged abut 25 years, Son of Late Raj Kuamr Rai Resident of Lodipur, P.S.- Maner, District- Patna. 5.
Ashok Kumar @ Ashok Rai, male, aged about 26 years, Son of Seth Rai Resident of Lodipur, P.S.- Maner, District- Patna. 6.
Santosh Rai @ Santosh Kumar, male, aged abut 24 years, Son of Seth Rai Resident of Lodipur, P.S.- Maner, District- Patna. 7.
Ranjit Kumar @ Ranjeet Kumar, male, aged about 25 years, Son of Bharat Rai Resident of Lodipur, P.S.- Maner, District- Patna. 8.
Kamlesh Kumar, male, aged about 23 years, Son of Ram Kumar Rai Resident of Lodipur, P.S.- Maner, District- Patna. 9.
Golu Kumar, male, aged about 20 years, Son of Bharat Rai Resident of Lodipur, P.S.- Maner, District- Patna.
10.
Birju Rai, male, aged about 20 years, Son of Seth Rai Resident of Lodipur, P.S.- Maner, District- Patna.
... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ghanshyam Tiwary, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-06-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 341, 307, 354(B), 335, 427, 379, 504, 506, 120(B) of the Indian Penal Code and 27 of the Arms Act registered in connection with Maner P.S. Case No. 41 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and there is case and
Patna High Court CR. MISC. No.37383 of 2019(2) dt.20-06-2019 2/2 counter case between the parties. F.I.R. has been instituted against as many as 15 named including the petitioners against whom however no specific overt act whatsoever has been alleged. The thrust of accusation of firing is upon co-accused Golu Kumar.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sushri Nutan Kumari, learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 41 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar/BT U T