Gorakh Rai @ Gorash Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27280 of 2017 Arising Out of PS.Case No. -379 Year- 2016 Thana -FATUHA District- PATNA ======================================================

1. Gorakh Rai @ Gorash Rai,

2. Baijnath @ Baiju, both sons of Ajodhya Rai @ Balo Rai, both resident of village- Raipura, Police Station- Fatuha, 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 : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 11-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Fatuha P.S. Case No.379 of 2016 instituted for the offence under Section(s) 302 and other allied Sections of the Indian Penal Code. It has been submitted that petitioners are the brothers-in-law of the deceased. It has been submitted that other co-accused have been granted anticipatory bail by this Court by order dated 06.07.2017 passed in Cr. Misc. No.26708 of 2017. From the written report, it appears that there is general and omnibus allegation against the petitioners. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within

Patna High Court Cr.Misc. No.27280 of 2017 (4) dt.11-12-2017 2/2 six weeks from today in connection with Fatuha P.S. Case No.379 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T