Rajendra Singh @ Rajendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57069 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

RAJENDRA SINGH @ RAJENDRA RAI Son of Late Kameshwar Rai @ Kamleshwar Rai @ Late Ram Laxman Rai 2.

Tarkeshwar Rai Son of Late Bhrigu Rai @ Bhrigunath Rai 3.

Abhimanyu Rai Son of Late Ram Vichar Rai All are resident of Village - Khamhauri, P.s.- G.B.Nagar, Distt.- Siwan, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with G.B. Nagar P.S. Case No.128 of 2022 instituted under Sections 147, 148, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

As per the prosecution story, allegation against the accused persons is/are of assaulting the informant's side and further snatching Rs.50,000/-. They were later taken to the hospital and subsequently the FIR was lodged. Learned counsel for the petitioners submit that omnibus allegation is there against the accused persons, they do

Patna High Court CR. MISC. No.57069 of 2022(2) dt.30-01-2023 2/3 not have criminal antecedent, most of the injuries have been found to be simple in nature and there is a counter version to the said occurrence also. The last submission is that some of the coaccused have already been granted the privilege of anticipatory bail by the subordinate court itself.

Learned APP on the other hand opposes the prayer for anticipatory bail.

Taking into account the aforesaid fact as also they do not have criminal antecedent, this Court is inclined to extend them privilege of anticipatory bail.

Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with G.B. Nagar P.S. Case No.128 of 2022 to the satisfaction of learned A.C.J.M., IIIrd, Siwan, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) the petitioners will make himself available to the police as and when required in course of investigation; (ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.57069 of 2022(2) dt.30-01-2023 3/3 dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T