Pukar Rai @ Ram Pukar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56944 of 2019 Arising Out of PS. Case No.-219 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

PUKAR RAI @ RAM PUKAR RAI Son of late Devnandan Rai Resident of Village - Ramnagar, P.S.- Bihta, Dist.- Patna. 2.

Manager Rai Son of Pukar Rai Resident of Village - Ramnagar, P.S.- Bihta, Dist.- Patna.

3.

Somnath Rai Son of Pukar Rai Resident of Village - Ramnagar, P.S.- Bihta, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bihta P.S. Case No. 219 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners has submitted that lodging of the present case is aftermath of filing of a case by petitioner no. 1 under Section 133 of the Cr.P.C. for removal of encroachment from public land against the informant and his family members. He has also argued that earlier an FIR was lodged by the petitioner on 18.10.2018 against the informant and others, which goes to

Patna High Court CR. MISC. No.56944 of 2019(2) dt.09-09-2019 2/2 suggest that the parties are on litigating terms. Considering the facts and circumstances, 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 bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM, Danapur in Bihta P.S. Case No. 219 of 2019, subject to the condition 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) Rajesh/- U T