Bablu Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40998 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Bablu Rai,
2. Kari Rai Both Sons of Fulena Rai, Both R/o Vill.- Paharpur, Dhubauli, P.S.- Muffasil, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Muffasil (Lakho) Police Station Case No. 158 of 2018, disclosing offences under Sections 143, 144, 307, 436, 427, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R that petitioner and several others came variously armed in the field of the informant and fired indiscriminately, however, the said firing did not hit anybody and allegation against petitioner no. 1 that he set the Kathra (wooden shop) on fire.
Patna High Court Cr.Misc. No.40998 of 2018 (2) dt.17-07-2018 2/3 Learned Counsel for the petitioners has submitted that there is land dispute between the parties as father of the petitioner had purchased the land from the gotia of the informant. Moreover, there is case and counter case and petitioners have falsely been made accused in this case and they have no criminal antecedent.
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 six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil (Lakho) Police Station Case No. 158 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure., 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 court concerned.
II.
The petitioners shall cooperate in the investigation and make themselves available
Patna High Court Cr.Misc. No.40998 of 2018 (2) dt.17-07-2018 3/3 as and when required by the police and on the event on failure of their part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T