Gonaur Rai @ Ganaur Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56464 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Gonaur Rai @ Ganaur Rai, Son of Late Yogendra Rai

2. Ganeshi Rai @ Ganesh Rai, Son of Rambriksh Rai

3. Shambhu Rai, Son of Late Chalitra Rai

4. Suresh Rai, Son of Late Lochan Rai

5. Bauajee Rai, Son of Ramashray Rai

6. Shreepati Rai, Son of Late Manjhi Rai

7. Hito Rai, Son of Late Bishori Rai

8. Ram Binay Rai, Son of Late Swarth Rai

9. Vijay Rai, Son of Hito Rai

10. Nagendra Rai, Son of Late Chalitra Rai

11. Sagindra Rai, Son of Lochan Rai

12. Niranjan Rai, Son of Late Baba Jee Rai

13. Naresh Rai, Son of Late Lochan Rai

14. Yogendra Rai, Son of Valli Rai All are resident of village Rajopatti Naraha, Tole Garhiya, Police Station Bajpatti, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhubala Verma For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 353 of the Indian Penal Code. According to FIR, the police had come to the village to arrest co-accused Jai Chandra Rai. Jai Chandra Rai was not found. Thereafter another person was apprehended and he was

Patna High Court Cr.Misc. No.56464 of 2018 (3) dt.26-10-2018 2/2 being assaulted by the police to know about the whereabouts of Jai Chandra Rai. That act of the police laid to assemblage of a crowd of 100 people. Petitioners were identified as member of the crowd. Allegation is that they obstructed in discharge of official duty by the police and committed scuffle with the police. Petitioners have stated on oath that they have got no criminal antecedent. Considering the general and omnibus nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bajpatti Police Station Case No. 78 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/Rajan U T