Manager Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5300 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -PARSA District- SARAN ======================================================
1. Manager Rai, Son of Late Ramayan Rai,
2. Arjun Kumar @ Arjun Kumar Rai Son of Jalandhar Rai @ Surendra Rai,
3. Mahendra Rai, Son of Gama Rai, All Resident of Village-Bhalwahiya, P.S.-Parsa, District-Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjana For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Parsa P.S. Case No. 142 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 427 and 435 of the Indian Penal and Sections 3 and 4 of the Explosive Substance Act.
The allegation is regarding one Raghubansh Rai and Pappu Kumar having assaulted the informant i.e. Raj Kishore Rai by means of bomb and spear resulting in injury being caused to the said informant, who has died subsequently. The learned counsel for the petitioners submits that as
Patna High Court Cr.Misc. No.5300 of 2018 (4) dt.03-04-2018 2/2 far as the present petitioners are concerned, they are said to be the members of the mob but in fact there is no specific allegation of any overt act as against them, hence they should be granted the privilege of anticipatory bail. The petitioners are said to be having a clean antecedent.
Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail 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 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Chapra in connection with Parsa P.S. Case No. 142 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T