Patna High CourtCR. MISC./49763/2018bail granted

Sheo Balak Rai And ORS v. The State Of Bihar

2018-08-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49763 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Sheo Balak Rai, S/o Late Baldeo Rai.

2. Ram Avtar Kumar @ Ram Awatar.

3. Kundan Kumar, Both Sons of Sheo Balak Rai, All resident of VillageMahuli, P.S.- Didarganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Rajiv Nagar P.S. Case No.83 of 2017 registered for offences punishable under Sections 341/379/504/506/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is of committing theft from the house of the informant and they are named in the F.I.R.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in the case and the allegations against the petitioners are general and omnibus and the F.I.R. lodged by his own uncle of co-accused Guddu Rai and he

Patna High Court Cr.Misc. No.49763 of 2018 (2) dt.29-08-2018 2/2 has been granted privilege of bail, vide order dated 13.07.2017 passed in Cr. Misc. No. 32274 of 2017 and the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks 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 Additional Chief Judicial Magistrate, Patna, in connection with Rajiv Nagar P.S. Case No.83 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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