Raj Kumar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20754 of 2018 Arising Out of PS.Case No. -287 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Raj Kumar Sah, S/o Ram Sewak Sah, R/o Village- Hanuman Nagar, P.S.- Parsauni, District- Sitamarhi.

2. Gautam Kumar S/o Harishankar Prasad, R/o Village- Raghopur Bakhri, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Manoj Kumar - 1,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and leaned Additional Public Prosecutor of the State.

The petitioners are apprehending their arrest in connection with Riga P.S.Case No. 287 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code and under Section 27 of the Arms Act. The accusation is that some unknown persons including petitioners came and began firing indiscriminately and the informant received injury in the right hand. Submission of the learned counsel for the petitioners is that there is no allegation of firing against the petitioners upon the informant and other co-accused have been granted bail by different Co-ordinate Benches of this Court vide order dated 17.02.2018 passed in Cr. Misc. No. 9530 of 2018, order dated

Patna High Court Cr.Misc. No.20754 of 2018 (3) dt.19-06-2018 2/2 09.04.2018 passed in Cr. Misc. No. 16002 of 2018 and vide order dated 26.04.2018 passed in Cr. Misc. No. 23116 of 2018. Learned Additional Public Prosecutor opposes the prayer of bail.

In the facts and circumstances of the case and taking into consideration that other accused persons have been granted anticipatory bail, the prayer of Anticipatory bail of petitioners are allowed and they in the event of arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Riga P.S.Case No. 287 of 2017 to the satisfaction of Shri Rakesh Kumar, learned Judicial Magistrate 1st class, Sitamarhi, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other conditions that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before the police as and when required, otherwise, prosecution is at liberty to move for cancellation of their bail bonds.

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