Hari Krishna Rai @ Harekrishna Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 2626 of 2018 Arising Out of PS. Case No.-166 Year-2017 Thana- Awtar Nagar District- Saran ======================================================
1. Hari Krishna Rai @ Harekrishna Rai,
2. Kashi Rai @ Kashi Nath Rai,
3. Raushan Rai All sons Late Dashrath Rai,
4. Baharan Rai S/o Kishun Rai,
5. Kishun Rai S/o Late Gariba Rai, All R/o village- Madhurapur, P.S. Awatar Nagar, District- Saran at Chapra.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the Opposite Party/s :
Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.
23-03-2018 Heard Sri Dewendra Narayan Singh, learned counsel for petitioners and Sri Anil Kumar Singh, learned Addl. Public Prosecutor.
Five petitioners, apprehending their arrest in Awatar Nagar P.S. Case No. 166 of 2017 registered for offence under Sections 341, 323, 379, 353, 504 and 34 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest or surrender.
Learned counsel for petitioners, at the very outset, submits that in this case, while summoning case diary, a Bench of this Court had already directed not to take any coercive step against the petitioners. He further submits that on false accusation, the petitioners have been made accused, as if, they prevented the police party in taking away the seized tractor
Patna High Court Cr.Misc. No.2626 of 2018(5) dt.23-03-2018 2/2 loaded with sand. It has been argued by learned counsel for petitioners that maliciously, the entire villagers have been made accused in the present case.
Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.
However, besides hearing, I have also perused the material available on record and after going through the same, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.
Accordingly, in the event of arrest or surrender within a period of six weeks from today, let aforesaid five petitioners namely 1. Hari Krishna Rai @ Harekrishna Rai, 2. Kashi Rai @ Kashi Nath Rai, 3. Raushan Rai, 4. Baharan Rai and 5. Kishun Rai be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIth, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 166 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T