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Patna High CourtCR. MISC./34287/2017allowed

Rahul Kumar @ Rahul Raj And ORS v. The State Of Bihar

2017-10-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.34287 of 2017 (3) dt.10-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34287 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -TARAIYA District- SARAN ======================================================

1. Rahul Kumar @ Rahul Raj son of Binod Kumar Singh

2. Uttam Singh @ Abhinandan Prabhat son of Satrughan Singh

3. Rahul Singh @ Rahul Kumar son of Sri Bhagwandas

4. Raju Manjhi son of Mahesh Manjhi

5. Binod Singh son of Late Sheshnath Singh All resident of Village- Dewadih, P.S.- Taraiya, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Verma For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Taraiya Police Station Case No. 177 of 2016, disclosing offences under Sections 147, 148, 427, 379, 436, 153(A) and 295 of the Indian Penal Code and Section 10 and 13 of the Unlawful Activity Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners are not connected with any unlawful assembly nor they were present at the place of occurrence rather they have

Patna High Court Cr.Misc. No.34287 of 2017 (3) dt.10-10-2017 falsely been implicated in this case. Hence, the petitioners, who are said to be of clean antecedents, deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Saran District- Saran in connection with Taraiya Police Station Case No. 177 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U