Rahish Kumar @ Siyaro And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68762 of 2018 Arising Out of PS. Case No.-187 Year-2017 Thana- PARAIYA District- Gaya ======================================================

1. Rahish Kumar @ Siyaro, S/o Satendra Yadav,

2. Parwan Kumar @ Kachkachwa @ Praveen @ Praveen Kumar, Son of Mahendra Yadav, Both resident of Vill- Prabhua, P.S.- Paraiya, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kr. Sinha For the Opposite Party/s :

Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 342, 323, 325, 307, 353, 386, 387, 426, 504 of the Indian Penal Code. The prosecution case, in brief, is that while the informant was on duty to apprehend the accused of murder case, the accused persons of this case attacked the raiding team, assaulted the police personnel and snatched government rifle and later on, the said rifle was recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.68762 of 2018(2) dt.17-12-2018 2/2 petitioners. The petitioners have been falsely implicated in the present case. Altogether 23 persons are named in the FIR. General and omnibus allegation has been made against the petitioners. No specific overt act has been attributed to the petitioners. The other co-accused namely Kishori Yadav and Mukesh Kumar with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 05-07-2018 passed in Cr. Misc. No. 37477 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya in connection with Paraiya P.S. Case No. 187 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T