Sonu Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37559 of 2018 Arising Out of PS. Case No.-152 Year-2017 Thana- MANER District- Patna ======================================================
1. Sonu Rai,
2. Dharmendra Rai, Both sons of Late Manu Rai, All resident of Village- Mohanpur, P.S.- Maner, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar For the Opposite Party/s :
Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Petitioners apprehend their arrest in Maner P.S. Case No.152 of 2017 instituted for the offence under Section(s) 427 and 436 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioners and informant are gotiya. It is further submitted that one of co accused Dharmenda Kumar has lodged FIR against the husband of the informant, namely, Raj Kumar Ray vide Maner P.S. case no. 121 of 2017. The instant case has been filed on account of land dispute. It is further pointed out that one of the co- accused, namely, Varun Rai has been granted anticipatory bail by this Hon'ble Court vide order dated 30.4.2018 passed in Cr. Misc. no. 15189 of 2018. There is
Patna High Court Cr.Misc. No.37559 of 2018(3) dt.02-08-2018 2/2 general and omnibus allegation against these petitioners. 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 Maner P.S. Case No.152 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, Danapur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.
(Sanjay Priya, J) shyambihari/- U T