Sri Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2983 of 2017 Arising Out of PS.Case No. -121 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sri Rai, Son of Yodha Rai

2. Matar Rai @ Manoj Rai, Son of Yodha Rai.

Both residents of Vilage - Barka Pakahi, P.S. Lakhaura (Ghorasahan) District - East Champaran.

.... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 The appellants seeks pre arrest bail in connection with Ghorasahan P.S. Case No. 121 of 2014, registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 380, 427, 448, 457, 504 and 506 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act.

Allegation against the appellants and others is of damaging the office of the informant.

It has been submitted on behalf of the appellants that only general and omnibus allegations have been levelled against the appellants and no specific allegation has been made. Further there is delay in lodging F.I.R.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and

circumstances of the case, nature of offence and also that no specific allegation has been attributed to the appellants, as such, this appeal is allowed and impugned order is set aside, let the appellants above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, East Champaran, Motihari, in connection with Ghorasahan P.S. Case No. 121 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T