Patna High CourtCR. MISC./57252/2018bail granted

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

2018-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57252 of 2018 Arising Out of PS.Case No. -6 Year- 2017 Thana -MOKAMA RPF/POST District- PATNA ======================================================

1. Shashi Kumar @ Shashi Rai, Son of Lalan Rai,

2. Nitish Kumar @ Nitish Rai, Son of Shambhu Rai,

3. Aman Kumar @ Aman Rai, Son of Anil Rai @ Anil Kumar Rai. All are resident of Chakiya Purani Tola, P.S.- Chakiya, DistrictBegusarai. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with R.P.F. Post Mokama Case No. 06 of 2017 registered for the offences punishable under Section 3 RP (UP) Act, 1966. Admittedly, neither petitioners were caught at the spot nor anything was recovered from their conscious possession. The impugned order goes to show that name of petitioners came in confessional statement of co-accused Balmiki Mahto and except the aforesaid confessional statement, there appears to be nothing against the petitioners. So far as criminal antecedent of the

Patna High Court Cr.Misc. No.57252 of 2018 (2) dt.20-09-2018 2/2 petitioners is concerned, it is submitted that all the cases were lodged against the petitioners in the year 2017 only on the ground of suspicion.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Patna in R.P.F. Post Mokama Case No. 06 of 2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T