Raj Kumar Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35349 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Raj Kumar Rai Son of Chamar Rai
2. Prabhu Rai @ Prabhu Yadav Son of Ram Kishore Rai
3. Manoj Rai Son of Rajnath Rai
4. Faguni Rai Son of Bijali Rai All residents of Village - Sembhuapur, P.S. - Dumarighat, District - East Champaran, Motihari. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Arun Kumar, Advocate. For the Opposite Party : Mr. Pramod Kr.Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-08-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.
In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 147, 148, 149, 341, 347, 323, 382, 386, 387, 504 and 506 of the I.P.C.
Allegedly, on 06.06.2014 at 2 A.M. in the night the petitioners and other co-accused entered into the Company campus of Progressive Construction Limited, started abusing the guards and assaulted the guards and they were searching the informant for ransom. Thereafter, the accused persons lifted two
Patna High Court Cr.Misc. No.35349 of 2015 (2) dt.27-08-2015 2/3 motors of 3 H.P and the paper machine of 280 H.P and went away with the same. The accused persons have been identified in the electric light.
Submission is of false implication and that due to the dues of payment altercation has taken place resulting false implication. In the F.I.R. the accused persons are named with their parentage which itself goes to suggest that the petitioners were doing work in the company from earlier. Moreover, the matter has been compromised and the compromise petition has already been filed in the court below vide Annexure-2 and as such the petitioners deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances as stated above, considering that good sense has prevailed between the parties and the informant has filed compromise petition in the court below itself and as such now under the change circumstances, the petitioners in case of their arrest or surrender within one month from the date of receipt/production of a copy of this order 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.
C.J.M.
East Champaran, Motihari in
Patna High Court Cr.Misc. No.35349 of 2015 (2) dt.27-08-2015 3/3 Dumariyaghat P.S. Case No. 57 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T