Ram Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73988 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

Ram Babu Rai S/O Late Ayodhya Rai R/O Village- Kala Diyara, Utari Tola, P.S- Salimpur, Distt.- Patna.

2.

Tunni Rai S/O Ram Babu Rai R/O Village- Kala Diyara, Utari Tola, P.SSalimpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachina, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-11-2023 Heard Mr. Sachina, learned counsel for the petitioners as well as Mr. Shyameshwar Dayal, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Jurawanpur P.S. Case No. 09 of 2023, F.I.R. dated 02.02.2023 for the offences punishable under Sections 147, 148, 341, 323, 384, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, all the accused persons including the petitioners have assaulted the informant due to non-fulfillment of demand of rangdari and also snatched Rs. 80,000/- from the pocket of the informant and fled away.

4. Learned counsel for the petitioners submits that petitioner no. 1 has clean antecedent and petitioner no. 2 carries one criminal antecedent other than the present one and they

Patna High Court CR. MISC. No.73988 of 2023(2) dt.09-11-2023 2/3 have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R. He further submits that as per the F.I.R, the co-accused, Ashok Rai has assaulted the informant by means of butt of pistol and the co-accused, Jharela Rai has snatched Rs. 80,000/- from the pocket of the informant. He further submits that there is no specific allegation of any assault or overt act attributed against these petitioners rather there is general and omnibus allegation against all the accused persons except the aforesaid that they have demanded rangdari along with other accused persons.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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 bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Hajipur Vaishali in connection with Jurawanpur P.S. Case No. 09 of

Patna High Court CR. MISC. No.73988 of 2023(2) dt.09-11-2023 3/3 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T