Ramta Rai @ Samta Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38423 of 2018 Arising Out of PS.Case No. -98 Year- 2017 Thana -NAYAGAON District- SARAN ======================================================

1. Ramta Rai @ Samta Rai son of Keshu Rai resident of Village Hasanpur, P.S.-Naya Gaon, District-Saran.

2. Raj Kumar Rai son of Ganesh Rai resident of Village- Hasanpur, P.S.- Naya Gaon, District-Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prince Kumar Mishra, Adv For the Opposite Party/s : Mr. Parmanand Kumar, APP For the informant : Mr. Narendra Kumar Roy, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 The petitioners are apprehending their arrest in connection with Naya Gaon P.S. Case No. 98/17, registered for offences punishable under Sections 147, 148, 149, 448, 341, 323, 324, 307, 379 and 427 of the Indian Penal Code. Allegation against the petitioners is that the petitioners with other some other persons attacked and looted the informant and his family members. It has also been alleged that the petitioners assaulted the informant, his mother and brother. It is further alleged that the petitioners snatched the gold chain of the informant and cash of Rs.50,000/-.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case. There is no

Patna High Court Cr.Misc. No.38423 of 2018 (02) dt.29-06-2018 2/3 specific allegation attributed against the petitioners. It is further submitted that no incriminating material has been recovered from the possession of the petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their 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 Additional Chief Judicial Magistrate-XIII, Saran, in connection with Naya Gaon P.S. Case No. 98of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on

Patna High Court Cr.Misc. No.38423 of 2018 (02) dt.29-06-2018 3/3 the event of failure on their part to 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/-Amjad U T