Beyas Ray @ Baleshwar Ray And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47476 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ======================================================
1. Beyas Ray @ Baleshwar Ray, son of Sri Dwarika Ray.
2. Rahul Kumar @ Biki Kumar Yadav, son of Vishwkarma Rai Both are resident of Village- Bin- Toli, P.S. Chapra Muffasil, DistrictSaran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh, Advocate. For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bhagwan Bazar P.S. Case No. 267 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 328, 332, 333, 307, 353, 436, 427, 504, 115 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of Prevention of Public Property Act.. It has been submitted on behalf of the petitioners that the deceased Guddu Rai was son of petitioner No. 1 and brother of petitioner No. 2.
The informant has alleged in the written report that Guddu Rai was in police custody in Daudpur P.S. Case No. 143 of
Patna High Court Cr.Misc. No.47476 of 2017 (2) dt.17-10-2017 2/3 2017. He became ill and subsequently died during treatment in PMCH. Thereafter, the villagers started agitation and also caused obstruction of the traffic by road jam and demanded compensation. The informant named these petitioners along with other accused persons who were causing road jam and raising slogan. As such, there is general and omnibus allegation made in the written report.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bhagwan Bazar P.S. Case No. 267 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, 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) petitioners 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 petitioners and (3) if
Patna High Court Cr.Misc. No.47476 of 2017 (2) dt.17-10-2017 3/3 petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T