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Patna High CourtCR. MISC./51935/2015bail granted

Bhim Rai And ANR v. The State Of Bihar

2015-12-22Mr. Justice Prabhat Kumar Jha2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51935 of 2015 Arising Out of PS.Case No. -328 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Bhim Rai S/O Late Dharamnath Rai

2. Rabdhir Kumar @ Randhir Kumar S/o Ramnath Rai, Both resident of village- Dighi (West), P.S. Hajipur Sadar District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.53230 of 2015 Arising Out of PS.Case No. -328 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Santosh Ram @ Santosh Kumar Ram S/o Moti Ram R/o Village- Dighi Kala, P.s Hajipur ,sadar, District Vaishali, .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.51935 of 2015) For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Bharat Lal(App) (In Cr.Misc. No.53230 of 2015) For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. S.N Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2015 Both these anticipatory bail applications arise out of the same occurrence and as such have been heard together and are being disposed of by passing this common order. Heard both sides.

The petitioners apprehend their arrest for the offences

Patna High Court Cr.Misc. No.51935 of 2015 (2) dt.22-12-2015 2/2 punishable under sections 307, 353 and other allied sections of the Indian Penal Code.

The petitioners are named in the FIR. It is alleged that when the informant was distributing ration cards, 20-25 unknown persons entered into the room and when the informant came to rescue and raised alarm the accused persons assaulted the informant and others.

It is submitted that the petitioners are not named in the FIR. Similarly situated co-accused have already been granted anticipatory bail by the order passed in Cr. Misc. No. 33178 of 2015 and the case of the petitioners stand on the same footing. The learned Additional P.P. did not dispute this fact. Considering the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 328 of 2014, subject to the conditions as laid down in section 438 (2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Abhay/- U T