Bireshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37457 of 2020 Arising Out of PS. Case No.-141 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Bireshwar Rai, male, aged about 37 years, son of Hargun Rai 2.

Akhilesh Rai, male, aged about 27 years, son of Madho Rai 3.

Shiv Shankar Rai, male, aged about 32 years, son of Late Jai Rai @ Jatta Rai 4.

Anil Kumar Rai, male, aged about 37 years, son of Bishwanath Rai 5.

Nathuni Patel, male, aged about 47 years, son of Feku Patel All are Resident of Vill.- Sirisiya Adda, P.S. - Chanpatiya, Distt. - West Champaran.

6.

Rajeshwar Pandey, male, aged about 47 years, son of Girija Pandey 7.

Bhuneshwar Pandey, male, aged about 47 years, son of Girija Pandey Both are Resident of Vill.- Sirisiya, Bheli Tola, P.S. - Chanpatiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No. 7, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2021 Heard Mr. Sanjay Kumar No. 7, learned Advocate for the petitioners and Mr. Raj Ballabh Singh, learned APP for the State.

Patna High Court CR. MISC. No.37457 of 2020(2) dt.09-04-2021 2/3 The petitioners seek bail in anticipation of their arrest in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 141 of 2018, dated 10.04.2018, instituted for the offences under Sections 147, 148, 149, 341, 323 and 353 of the Indian Penal Code and Section 4 of the Prevention of Damage of Public Act.

The accusation in the F.I.R. is that the petitioners participated in staging a band and also resorted to arson when the police party tried to intervene.

The learned counsel for the petitioner has submitted that their implication in this case is on the basis of statement made to the investigators by the spy and other co-villagers.

Considering the afore-noted aspects of the matter and taking into account that the petitioners have clean antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.37457 of 2020(2) dt.09-04-2021 3/3 the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 141 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T