Pappu Rai @ Pappu Rajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80608 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.
Pappu Rai @ Pappu Rajbhar Son of Jagdish Rajbhar @ Jagdish Rai, Resident of Village - Jaitpura, P.S.- Rajpur, District - Buxar. 2.
Santosh Kumar Singh Son of Ishwar Dayal Singh, Resident of Village - Jaitpura, P.S.- Rajpur, District - Buxar 3.
Purusotam Rajbhar @ Purushotam Rajbhar Son of Ishwar Dayal Rajbhar, Resident of Village - Jaitpura, P.S.- Rajpur, District - Buxar 4.
Sunil Rajbhar @ Sunil Kumar Rajbhar Son of Janardhan Rajbhar @ Janardan Rajbhar, Resident of Village - Jaitpura, P.S.- Rajpur, District - Buxar ... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudha Chandra, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for State.
The petitioner in this case is seeking anticipatory bail in connection with Rajpur P.S. Case No. 62 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 379, 436, 337, 353 and 504 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel further submits that there is no
Patna High Court CR. MISC. No.80608 of 2019(2) dt.16-12-2019 2/3 specific allegation against these petitioners and the co-accused have been granted anticipatory bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 56534 of 2019. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case that altogether 40 named and 100 unnamed persons are alleged to have indulged in the occurrence at hospital of the informant when a boy died in course of treatment at the hospital, there is no specific allegation against these petitioners and the contention of learned counsel for the petitioners is that their case stand on similar footing with the co-accused who have been granted anticipatory bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 56534 of 2019 which has not been controverted by learned APP for the State, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs.
15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIIth, Buxar in connection with Rajpur P.S. Case No. 62 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.80608 of 2019(2) dt.16-12-2019 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T