Kamta Rai And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44334 of 2015 Arising Out of PS.Case No. -117 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================
1. Kamta Rai, son of Sarju Rai
2. Ganga Rai, son of Sarju Rai
3. Vakil Rai @ Wokil Rai, son of Raja Ram Rai
4. Satyendra Rai, son of Dharamnath Rai
5. Jitendra Rai, son of Dharamnath Rai
6. Arvind Rai @ Arvind Kumar Rai, son of Late Amarnath Rai
7. Sunny Kumar @ Sanni Kumar Rai, son of Arvind Rai
8. Pawan Rai @ Pawan Kumar, son of Shambhu Rai
9. Hari Narain Rai, son of Vijay Rai
10. Lakhan Dev Rai, son of Late Mahendra Rai
11. Ashok Rai, son of Shiv Nath Rai
12. Nand Kumar Rai, son of Prabhunath Rai
13. Vinod Rai, son of Raja Ram Rai
14. Premdhar Rai, son of Ram Prasad Rai
15. Ram Babu Rai, son of Ram Prasad Rai
16. Sharmanand Rai, son of Premdhar Rai
17. Vijay Rai, son of Late Siyaji Rai
18. Vishal Rai, son of Kamta Rai
19. Vashista Rai, son of Late Mahendra Rai All resident of Village- Chandpura, Police Station- Raghopur, DistrictVaishali.
20. Haribansh Rai @ Harivansh Rai, son of Radhe Rai, resident of VillageSri Rampur, Police Station- Raghopur, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav, Adv. For the State : Mr. R.B. Roy 'Raman', A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-10-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 323, 435,
Patna High Court Cr.Misc. No.44334 of 2015 (2) dt.13-10-2015 2/3 436, 307, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(iv)(v)(x) 3 (2)II(v) of SC/ST Act. Considering the genesis of the occurrence, let the Petitioners who have fair antecedents, in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Raghopur P.S. Case No. 117 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.
5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
Patna High Court Cr.Misc. No.44334 of 2015 (2) dt.13-10-2015 3/3 That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) S.Ali/- U T