Patna High CourtCR. MISC./42420/2016bail granted

Rakesh Singh And ANR v. The State Of Bihar

2016-10-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42420 of 2016 ======================================================

1. Rakesh Singh Son of Late Birendra Singh, Resident of VillageChandpura (Kurhwa) P.S. Desari (Chandpura O.P.), District-Vaishali

2. Raghubansh Rai, Son of late Ram Vilas Rai, Resident of VillageJahangirpur, P.S. Desari (Chandpura O.P.), District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhanu Pratap Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Desari (Chandpura O.P.) P.S. Case No. 83 of 2016, disclosing offences under Sections 147, 148, 149, 341, 342, 283, 332, 333, 353, 327,504 and 506 of the Indian Penal Code and Sections 5/6 of E.S.M. Act .

From the First Information Report it appears that public nearly 150 in number were making for providing housing facility to a person who was killed. Learned counsel for the petitioners has submitted that though they have been named in the First Information Report, the allegation of assaulting the police party and damaging the vehicles etc, are general and omnibus. Considering the above, this application is allowed. Let

the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Sri Aditya Pandey, learned Judicial Magistrate Ist Class, Vaishali at Hazipur in Desari (Chandpura O.P.) No. 83 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U