Rajesh Ray @ Rajesh Roy And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40747 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Ray @ Rajesh Roy, son of Wakil Roy @ Wakil Ray,

2. Wakil Ray @ Wakil Roy, son of Late Harif Ray, both residents of VillageMathiya Bariyarpur, P.S.- Piprakothi, DistrictEast Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Piprakothi P.S. Case No.34 of 2018 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 354, 504, 506, 436 Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioners submits that there is general, vague and omnibus allegation against the petitioners. No injury has been received by any body. There is no seizure list with regard to burnt articles. It is further submitted that, now, good sense has prevailed between the parties and both the parties have entered into compromise. Compromise petition has been filed in the court below.

Patna High Court Cr.Misc. No.40747 of 2018 (2) dt.12-07-2018 2/2 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 Piprakothi P.S. Case No.34 of 2018, 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 Chief Judicial Magistrate, East Champaran, Motihari, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T