Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60726 of 2019 Arising Out of PS. Case No.-1206 Year-2018 Thana- SONEPUR District- Saran ====================================================== 1.
Vinay Kumar, Son of Sarvanand Ray @ Sarvanand Rai, Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra. 2.
Rahul Kumar Son of Late Bhushan Rai, Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra. 3.
Pankaj Kumar Son of Pankaj Kumar Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra. 4.
Sarvanand Ray @ Sarvanand Rai Son of Late Devnarayan Rai Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra.
5.
Upendra Rai Son of Late Kapildeo Rai Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra. 6.
Vijay Kumar @n ijay Rai Son of Sarvanand Ray @ Sarvanand Rai Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra.
7.
Manish Kumar Son of Supan Rai @ Rupan Rai Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra. 8.
Supan Rai @ Rupan Rai Son of Late Kapildeo Rai Resident of Village - Bhinnik Tola, Dudhaila Krishi Farm, P.S.- Sonepur, Dist.- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chaudhary Shyam Nandan, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP For the Informant :
Mr. Dr. Satendra Kumar Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 This is an application for grant of anticipatory bail in connection with Sonepur P. S. Case No. 1206 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 447 of IPC.
So far allegation against the petitioners is that they
Patna High Court CR. MISC. No.60726 of 2019(2) dt.24-09-2019 2/3 have assaulted the informant and other accused persons. Submission of the learned counsel for the petitioners is that the present case is counterblast to a case lodged by petitioner no.6 against the informant and others and no specific allegation has been attributed against any of the petitioners and civil dispute is going on between the parties and title suit is also pending.
Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also and submitted that petitioners no.4, 5 and 8 have criminal antecedent, which has been suppressed by the petitioners.
Having heard both sides, in view of the facts, as stated above, so far as petitioners no.4, 5 & 8 are concerned, I am not inclined to grant privilege of anticipatory bail to them. They may surrender and the learned court below will verify the antecedent of these petitioners and if there is no antecedent of these petitioners, they will be released on bail to his own satisfaction, otherwise, they have to pray for regular bail. So far as other petitioners are concerned, let petitioners no. 1, 2, 3, 6, 7, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Patna High Court CR. MISC. No.60726 of 2019(2) dt.24-09-2019 3/3 Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Saran, at Chapra, in connection with Sonepur P. S. Case No. 1206 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T