Sonu Kumar Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3077 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================
1. Sonu Kumar Rai, Son of Suman Rai, Resident of Village Baro, Durga Asthan, P.S.- Garhara, District- Begusarai.
2. Mantun Rai @ Nagendra Rai @ Nagendra Rai, Son of Kailu Rai.
3. Sumit Rai @ Sumit Kumar, Son of Nand Kishore Ray, Both residents of Village- Baro Bishanpur Tola P.S.- Fulwaria, Distt.- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Randhir Kumar No-1, Advocate. For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Fulwaria P.S. Case No. 116 of 2017 instituted for the offence under Sections 147, 148, 149, 153(A), 353(A), 295(A), 332, 337, 307, 427 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners has submitted that petitioners have no criminal antecedent. It has further been submitted that there is general and omnibus allegation against these petitioners.
From the written report itself it appears that the case
Patna High Court Cr.Misc. No.3077 of 2018 (2) dt.23-01-2018 2/2 has been lodged against these petitioners and 44 named and 500 unknown accused persons.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Fulwaria P.S. Case No. 116 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, learned Judicial Magistrate, 1st Class, Begusarai, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T