Pappu Rai @ Pappu Kumar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13538 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Pappu Rai @ Pappu Kumar Rai

2. Ranjeet Rai

3. Sanoj Kumar @ Sanoj Rai All sons of Late Asharfi Rai, resident of village- Jadhua Pokhra, P.S.- Hajipur Town, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amod Kumar Singh, Advocate For the Opposite Party/s : Mr. Narsing Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Hajipur Town P.S. Case No.100 of 2014 registered under sections 147, 148, 149, 341, 323, 324, 307 and 379 of the Indian Penal Code but later on section 302 of the Indian Penal Code was also added in the FIR.

It is contended that sixteen persons were named in the FIR and apart form the named accused persons fifty unknown persons were made accused. There is no specific overt act as against the petitioners and the specific overt act is alleged against

Patna High Court Cr.Misc. No.13538 of 2015 (3) dt.23-07-2015 2/2 Suresh Rai, Chandraket Rai, Shambhu Rai and Dilip Rai. It has further been contended that there is an ongoing land dispute between the parties and on the relevant date a counter case was also instituted against the members of the prosecution party. Learned counsel for the State has opposed the prayer for bail. He has submitted that though there is no specific allegation against the petitioners, there is an omnibus and general allegation that all the accused had participated in assault upon the members of the prosecution party.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.100 of 2014 subject to the conditions as laid down under section 438(2) Cr.P.C.

(Ashwani Kumar Singh, J) Md.S./- U T