Ramdaresh Rai @ Ramdarash Ray And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52666 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramdaresh Rai @ Ramdarash Ray son of late Kawal Rai,

2. Om Prakash Rai son of Ram Deresh Rai,

3. Chandan Kumar son of Ram Daresh Rai,

4. Arun Kumar @ Bhulan Kumar son of Ram Daresh Rai,

5. Nawal Thakur son of Dinesh Thakur,

6. Rupa Devi wife of Kameshwar Prasad @ Bagar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 143/341/323/324/325/354/307/379/448/504/506 of the Indian Penal Code.

During the course of occurrence allegation against petitioner Om Prakash Rai is that he had caused injury at the head.

Since the petitioner Om Prakash Rai had knowledge that his act might cause death, I am not inclined to

Patna High Court Cr.Misc. No.52666 of 2017 (2) dt.09-11-2017 P2/ grant anticipatory bail to the petitioner. Hence, his prayer for anticipatory bail is refused.

There is general and omnibus allegation of commission of assault against other petitioners on non-vital part of the body. There is case and counter case.

Hence, let the petitioners, namely, Ramdaresh Rai, Chandan Kumar, Arun Kumar @ Bhulan Kumar, Nawal Thakur and Rupa Devi, 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/- (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 Adapur Police Station Case No. 80 of 2017, 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T