Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18745 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Rai, Son of Suresh Pramod Yadav, resident of Village- Fazilpur, P.S.- Rajepur, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 102 of 2016, registered for offences punishable under Sections 324,323, 307, 332, 333, 353, 341, 147, 148, 149 of the Indian Penal Code and Section 126 of the B.P. Act.

The petitioner is named in the FIR. The allegation against him is that he was carrying a rally even after the time allotted for the said purpose was over and when objected, he along with others raised hulla and created obstruction. It has been submitted on behalf of the petitioner that though the petitioner is named in the FIR, nothing has been attributed against him and other co-accused persons, having

Patna High Court Cr.Misc. No.18745 of 2017 (2) dt.04-05-2017 2/3 similar allegations, have been granted anticipatory bail by this Court vide order contained in Annexure-2 to this application. Heard learned A.P.P. also.

Having heard both sides and in view of the facts stated above and the fact that other co-accused have been granted anticipatory bail, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate IV, East Champaran at Motihari in connection with Madhuban P.S. Case No. 102 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

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

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself

Patna High Court Cr.Misc. No.18745 of 2017 (2) dt.04-05-2017 3/3 available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T