Bijay Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27595 of 2018 Arising Out of PS.Case No. -232 Year- 2017 Thana -DAUDPUR District- SARAN ======================================================

1. Bijay Rai

2. Om Prakash Rai Both S/o Late Shivdayal Rai

3. Dinesh Rai

4. Kameshwar Rai @ Bhayee Jee Both S/o Dharamdev Rai

5. Ram Bahadur Rai S/o Dinesh Rai All R/o Village - Beldari, P.S. Dadupur, District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Daudpur P.S.Case No. 232 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.

Petitioners are named in the F.I.R. and the allegation against the petitioners is that they assaulted the father of the informant as well as uncle of the informant causing injury on the head of father and he died.

Submission of the learned counsel for the petitioner

Patna High Court Cr.Misc. No.27595 of 2018 (2) dt.10-05-2018 2/3 is that that there is no any specific allegation has been attributed against the petitioners and the petitioners have been implicated in this case as a member of mob with general and omnibus allegation without any specific overt act. It is also submitted that the petitioners have no criminal antecedents.

Learned A.P.P. and learned counsel for the informant oppose the prayer for bail .

Having heard both sides and in view of the facts , let the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of Shri R.M. Tiwari, the learned Judicial Magistrate, Chapra in connection with Daudpur P.S.Case No. 232 of 2017, subject to the condition that 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

Patna High Court Cr.Misc. No.27595 of 2018 (2) dt.10-05-2018 3/3 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 bonds.

(Vinod Kumar Sinha, J) Sudha/- U T