Ram Pravesh Rai @ Ram Parvesh Rai And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10183 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ram Pravesh Rai @ Ram Parvesh Rai, son of Jamadar Rai,
2. Sanjeet Kumar Rai, son of Lal Bahadur Prasad Yadav,
3. Ranjeet Kumar Rai, son of Ram Pravesh Rai @ Ram Parvesh Rai, All resident of Village- Koraiya, Western Tola, P.S.- Mahuawa (Chhauradano), District- East Champaran.
.... .... Petitioners
Versus
1. The State of Bihar.
2. The Union of India through the Assistance Commandant, S.S.B., Bihar, Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. U.S.Verma, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Chhauradano (Mahuawa) P.S.Case No. 153 of 2016 registered for the offences punishable under Sections 341, 323, 353, 120B of the Indian Penal Code and 25 (I b) a, 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioners that nothing has been recovered from the possession of the petitioners and only allegation against them is that they tried to resist police to arrest accused persons and one carbine was recovered from them and petitioners are in custody since 15.12.2016. Heard learned APP also.
Having heard both sides and considering the fact that nothing has been recovered from the petitioners and they have
Patna High Court Cr.Misc. No.10183 of 2017 (2) dt.06-03-2017 2/2 remained in custody for about three months, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Raxaul, Motihari, in connection with Chhauradano (Mahuawa) P.S.Case No. 153 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.
(Vinod Kumar Sinha, J) spal/- U