Mahtab Rai @ Mahtab Lal Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58630 of 2015 Arising out of PS Case No.84 Year 2015 Thana GANGABRIDGE District- VAISHALI(HAJIPUR) =====================================

1. Mahtab Rai @ Mahtab Lal Rai, Son of Late Ramjee Rai

2. Rajeev Rai @ Rajeev Kumar @ Sanjeet Rai, Son of Lal Bahadur Rai

3. Lal Bahadur Rai S/o Late Ram Sogarath Rai

4. Pramod Rai @ Nepali, Son of Ganga Sagar Rai

5. Dharmendra Rai, Son of Mahtab Lal Rai All residents of village Terasaia, PS Ganga Bridge, Distt Vaishali.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Niraj Kumar, Advocate For the Opposite Party : Mr. Ram Shankar Das, Spl PP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Special Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Ganga Bridge PS Case No.84 of 2015 disclosing offences under Sections 447, 323 and 354 of the Indian Penal Code read with Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that the petitioners have been maliciously implicated in this case because of some political rivalry. He further submits that no

Patna High Court Cr.Misc. No.58630 of 2015 (2) dt.01-02-2016 2/2 offence under Section 3(1)(xi) of the SC and SC(Prevention of Atrocities) Act is made out on the basis of allegation contained in the First Information Report. He further submits that the matter has since been resolved amicably between the parties.

Considering the aforesaid submission, this application is allowed. It is directed that in the event of their arrest, the petitioners above-named, shall 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Ganga Bridge PS Case No.84 of 2015, subject to the conditions as laid down under Section 438(2) CrPC.

This is subject to the further condition that the petitioners shall present themselves before the police/Court below, 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) mrl.

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