Rupesh Rai @ Rupesh Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16897 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================
1. Rupesh Rai @ Rupesh Ray, son of Ganesh Rai @ Ganesh Ray,
2. Nawal Mahton, son of late Baleshwar Mahton,
3. Sanjeet Yadav, son of Lutan Yadav,
4. Sudhir Poddar, son of Kedar Poddar, all resident of village- Baro, Bishanpur Tola, P.S. Phulwaria, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Phulwaria P.S. Case No.116 of 2017 instituted for the offence under Section(s) 147, 148, 149, 153-A, 353-A, 295-A, 332, 327, 337, 307, 427 Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners in the First Information Report. Other co-accused have been granted anticipatory bail by this Court as well as co-ordinate Benches of this Court by order dated 23.01.2018 passed in Cr. Misc. No.3077 of 2018, order dated 01.02.2018 passed in Cr. Misc. No.3951 of 2018 and order dated 16.02.2018 passed in Cr. Misc.
Patna High Court Cr.Misc. No.16897 of 2018 (2) dt.29-03-2018 2/2 No.7965 of 2018 (Annexuere-2 series).
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Phulwaria P.S. Case No.116 of 2017, they shall be released on anticipatory 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 Judicial Magistrate, 1st class, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.