Santosh Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59807 of 2018 Arising Out of PS.Case No. -462 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Santosh Ray, Son of Mahesh Roy
2. Arvind Roy, Son of Rajballav Roy
3. Hari Roy, Son of Sakindra Roy, All are resident of Village- Gadai Sarai, Police Station- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 504, 506, 324, 307, 353, 188, 333, 427, 379, 120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 84/40(4) of Bihar Minor Mineral Concession Rules, 1972.
The prosecution case as per the fardbeyan of Lal Babu Prasad, Sub-Inspector of Police, Hajipur Sadar Police Station is to the effect that on the secret information that certain persons have made storage of sand and liquor, raid was
Patna High Court Cr.Misc. No.59807 of 2018 (2) dt.28-09-2018 2/3 conducted in the godown of Bipin Choudhary and enquiry was conducted, in the meantime, 30-40 persons, being variously armed, attacked the police force causing injury to them. Some of the accused persons were identified in the head light of the police vehicle.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. None of the police personnel have received any grievous injury and considering the omibus and general against the mob, similarly situated accused Ajay Rai and Sonu Tiwari have been granted anticipatory bail vide Cr. Misc. Nos. 60284 of 2017 and 14296 of 2018. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the accusation being omnibus and general, similarly situated accused persons have been granted anticipatory bail and statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below
Patna High Court Cr.Misc. No.59807 of 2018 (2) dt.28-09-2018 3/3 within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 462 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T