Shyambabu Rai @ Pyari Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49054 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -TARAIYA District- SARAN ======================================================

1. Shyambabu Rai @ Pyari Rai, Son of Bhagelu Rai,

2. Rambabu Rai, Son of Bhagelu Rai, Both are residents of VillageRajdhani, Police Station- Taraiya, District- Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Taraiya P.S.Case nO.44 of 2018 , registered for offences punishable under Sections 341, 323, 307, 326(A), 337, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner no.1 is of throwing acid on the informant causing injury to him and the petitioner no.2 is order-giver.

Submission of the learned counsel for the petitioners is that all the other co-accused persons have been granted privilege of the anticipatory bail.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner no.1 (Shyambabu

Patna High Court Cr.Misc. No.49054 of 2018 (2) dt.27-08-2018 2/2 Rai @ Pyari Rai) is concerned, I am not inclined to grant privilege of anticipatory bail to the petitioner no.1. So far petitioner No.2 (Rambabu Rai) is concerned, let the petitioner no.2 in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Chapra , District Saran in connection with Taraiya P.S.case No.44 of 2018 subject to condition 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 their bail bond. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U