Pramod Rai @ Pramod Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68079 of 2018 Arising Out of PS. Case No.-408 Year-2018 Thana- MANER District- Patna ====================================================== 1.

Pramod Rai @ Pramod Kumar 2.

Binod Rai @ Binod Kumar Rai, Both Sons of Nasiblal Rai @ Late Nasiblal, Resident of Goria Asthan Jeewrakhan Tola Colony, Police Station- Maner, District- Patna.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Maner P.S. Case No. 408 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 379 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the several accused persons, including the petitioners is that they have made indiscriminate firing but anyhow the deceased escaped and later on Manoj Kumar and Vijay Kumar made firing and causing injuries to the deceased and he succumbed to the injuries.

Submission of learned counsel for the petitioners is that they have falsely been implicated due to the previous enmity for which a case has been lodged, which will appear from Annexure-2 and FIR itself shows that no specific allegation of firing has been

Patna High Court CR. MISC. No.68079 of 2018(4) dt.10-04-2019 2/2 attributed against the petitioners and further submission is that one co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.3.2019 passed in Cr.Misc.No. 65876 of 2018.

Heard learned APP also.

Having heard both sides and in the facts and circumstances and also considering the fact that one co-accused has been granted privilege of anticipatory bail, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Miss Nutan Kumari, A.C.J.M., Danapur, in connection with Maner P.S.Case No. 408 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

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