Kamlesh Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.17963 of 2017 (2) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17963 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Kamlesh Rai, Son of Ravinda Rai, R/o Village Thempur, P.S.- Paroo, District- Muzaffarpur.

2. Naresh Rai, Son of Ayodhya Rai, R/o Village Deoria, P.S. Deoria, District- Muzaffarpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Mithilesh Kumar Vidyarthi, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 11.01.2017 in connection with Paroo P.S. Case No. 12 of 2017, G.R. No. 97 of 2017 for the offences alleged under Sections 147. 148, 149, 341, 342, 323, 324, 325, 326, 506, 307, 353, 332 and 333 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated in a case where as many as 22 persons have been named in the F.I.R. Similarly situated co-accused Lalbabu @ Lalbabu Rai has since been granted bail by this Court in Cr. Misc. No. 16462 of 2017. The names of the petitioners were taken by Choukidar but the petitioners' presence at the place of occurrence is not established. Petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-

Patna High Court Cr.Misc. No.17963 of 2017 (2) dt.12-04-2017 (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Paroo P.S. Case No. 12 of 2017, G.R. No. 97 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/psc U T