Raj Kumar Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10188 of 2017 Arising Out of PS.Case No. -229 Year- 2012 Thana -PAROO District- MUZAFFARPUR ======================================================
1. Raj Kumar Rai, son of Late Kailash Rai,
2. Lalan Ram, son of Jailal Ram,
3. Bhola Mahto, son of Purai Mahto,
4. Dukhit Das, son of Mahendra Das, All resident of Village- Laluchhapra, Police Station- Paroo, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 At the very outset, it has been submitted on behalf of the learned counsel for the petitioners that so far petitioner nos. 2 and 4 are concerned, they have been apprehended, as such their prayer for anticipatory bail has become infractuous. Heard the parties.
The rest petitioners are apprehending their arrest in connection with Paroo P.S.Case No.229 of 2012 registered for offences punishable under Sections147, 148, 149, 307, 323, 337, 338, 341, 342, 353 and 504 of the Indian Penal Code. It is submitted on behalf of the petitioners that though the petitioners are named in the F.I.R. along with several other accused persons but nothing has been specifically stated against them and no overt act has been alleged against them. The
Patna High Court Cr.Misc. No.10188 of 2017 (2) dt.18-03-2017 2/3 petitioners have no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that no specific overt act has been alleged against the petitioner nos.1 & 3 and the petitioners along with several other accused persons have been made accused in this case, let the petitioner nos. 1 & 3 , above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K.Singh, J.M. Ist Class, Muzaffarpur in connection with Paroo P.S.Case No.229 of 2012, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-
Patna High Court Cr.Misc. No.10188 of 2017 (2) dt.18-03-2017 3/3 U