Patna High CourtCR. MISC./60107/2017bail granted

Lalu Kumar Rai And ORS v. The State Of Bihar

2017-12-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60107 of 2017 Arising Out of PS. Case No.-92 Year-2017 Thana- RAGHOPUR District- Vaishali ======================================================

1. Lalu Kumar Rai

2. Munna Kumar Rai @ Munna Rai.

3. Pappu Rai, All sons of Shital Rai, All residents of Village Nagargawn, P.S.- Raghopur, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. SMT. MADHURI LATA ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 448, 323, 379, 385, 504 and 506/34 of the IPC.

The prosecution case is that, the petitioners and their father demanded extortion on gut point and took away Rs. 20,000/- from the shop of the informant.

It is submitted by learned counsel for the petitioners that the petitioners are the co-villagers of the informant and maliciously, the accusation has been levelled. For the occurrence of 27.08.2017, the FIR was registered on 04.09.2017 and there is no explanation for such delay in lodging of the FIR. Moreover, the father of the petitioners has been granted bail by

Patna High Court Cr.Misc. No.60107 of 2017(2) dt.13-12-2017 2/2 the learned court below itself. A statement has been made in paragraph no.3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the FIR and the petitioners having no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-IV, Hajipur, Vaishali in connection with Raghopur P.S. Case No. 92 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T