Kailash Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2592 of 2019 Arising Out of PS. Case No.-423 Year-2018 Thana- BAKHTIYARPUR District- Patna ======================================================
1. Kailash Rai S/o. Late Uchit Rai
2. Budhan Yadav S/o. Naresh Rai
3. Naresh Rai @ Naresh Yadav S/o. Late Baldeo Rai,
4. Nawal Rai @ Nawala @ Nawal Kumar S/o. Suresh Rai
5. Sumit Kumar @ Bocha S/o. Late Uchit Rai
6. Navin Kumar S/o. Arvind Yadav
7. Suresh Rai S/o. Late Baldeo Rai
8. Rajeev Kumar @ Chamo, S/o. Naresh Rai. All Resident of Village- Rani Sarai, P.S.- Bakhtiyarpur, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioner No.2 Budhan Yadav and petitioner No.7 Suresh Rai have already been arrested. Hence, their prayer for anticipatory bail is infructuous now.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/325/307/379/504/506 of the Indian Penal Code and Section 27 of the Arms Act.
During polling of the votes there is general and omnibus allegation against the nine accused persons including the petitioners of commission of assault.
Patna High Court Cr.Misc. No.2592 of 2019(2) dt.21-01-2019 2/2 Specific allegation is against co-accused Shiv Kumar Yadav @ Shikar Yadav, who has caused injury at the head of the informant with lathi.
Considering the general and omnibus nature of allegation against the petitioners and their statement on oath that they have got no criminal antecedent, let the petitioners, namely, Kailash Rai, Naresh Rai @ Naresh Yadav, Nawal Rai @ Nawala @ Nawal Kumar, Sumit Kumar @ Bocha, Navin Kumar and Rajeev Kumar @ Chamo, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bakhtiyarpur Police Station Case No. 423 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Mkr./- U T