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Patna High CourtCR. MISC./3240/2017bail granted

Hari Dayal Rai And ORS v. The State Of Bihar

2017-02-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3240 of 2017 Arising Out of PS.Case No. -542 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Hari Dayal Rai S/o Late Sumangal Rai

2. Rudal Rai S/o Late Sumangal Rai

3. Ram Raj Rai S/o Late Sumangal Rai

4. Dharmendra Rai S/o Ram Raj Rai All residents of village - Harvanshpur, P.S. - Hajipur Town, District - Vaishali. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Anish Chandra, Advocate For the Opposite Parties : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 147, 148, 149, 307, 380, 379, 427, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that prior to filing of the present application petitioners have filed a case against the complainant and thereafter, after eight days the present complaint petition has been filed. It is alleged that on the order of petitioner no. 1, other accused persons assaulted the complainant and others and entered into the house and one Ghuntun Kumar threw bomb. There is no specific allegation against the petitioners except petitioner no. 1. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there

Patna High Court Cr.Misc. No.3240 of 2017 (2) dt.08-02-2017 2/2 is delay in filing the complaint petition, petitioners filed a case against the complainant prior to filing of the complaint petition and no specific allegation against the petitioner except petitioner no. 1, let above named petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case no. 542 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that bailors should be local having property within the jurisdiction of the court concerned and petitioners shall cooperate in the investigation and make themselves available before the police as and when required by the police.

(Vinod Kumar Sinha, J) sudip/- U T