Ram Parvesh Rai @ Ram Pukar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7606 of 2018 Arising Out of PS.Case No. -246 Year- 2011 Thana -PAROO District- MUZAFFARPUR ====================================================== Ram Parvesh Rai @ Ram Pukar Patel, Son of Late Badal Rai, Resident of Village-Paroo Babu Tola, P.S.-Paroo, District-Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Prasad Singh, Advocate. For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Earlier anticipatory bail of this petitioner was dismissed as withdrawn by this Court vide order dated 21.09.2017 passed in Cr. Misc. 35618 of 2017 with a direction to the petitioner to file necessary petition before the Superintendent of Police, showing that he is Ram Pravesh Rai and not Ram Pukar Patel. The Superintendent of Police concerned was directed to initiate necessary enquiry and pass appropriate order. Report has been received from the Sr. Superintendent of Police, Muzaffarpur, wherein, it is mentioned that after proper enquiry it was found that petitioner is also known by the name Ram Pravesh Rai @ Ram Pukar Patel @ Ram Pravesh Patel. In such circumstances, this anticipatory bail application is heard on merit.
Patna High Court Cr.Misc. No.7606 of 2018 (3) dt.04-04-2018 2/3 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Paroo P.S. Case No. 246 of 2011 instituted for the offence under Sections 147, 148, 149, 323, 325, 307, 379 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioner has submitted that there is no specific allegation against this petitioner. In the written report it is alleged that on the date of occurrence, the informant was called by co-accused Suman Thakur for dinner. The informant found 8-10 persons present there. The informant after taking dinner was returning to his house, then the petitioner and other accused persons along with 56 unknown persons assaulted the informant and also snatched chain, Mobile phone etc. as mentioned in the written report. There is general and omnibus allegation against the petitioner.
It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Paroo P.S. Case No. 246 of
Patna High Court Cr.Misc. No.7606 of 2018 (3) dt.04-04-2018 3/3 2011, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T