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Patna High CourtCR. MISC./81482/2019bail granted

Pappu Rai @ Papu Rai @ Pappu Rajbhar v. The State Of Bihar

2019-12-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81482 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.

PAPPU RAI @ PAPU RAI @ PAPPU RAJBHAR Son of Jagdish Rajbhar @ Jagdish Rai Resident of Village - Jaitpura, P.S.- Rajpur, Distt - Buxar. 2.

Santosh Kumar Singh Son of Ishwar Dayal Singh Resident of Village - Jaitpura, P.S.- Rajpur, Distt - Buxar.

3.

Purusotam Rajbhar @ Purushotam Rajbhar Son of Ishwar Dayal Rajbhar Resident of Village - Jaitpura, P.S.- Rajpur, Distt - Buxar. 4.

Sunil Rajbhar @ Sunil Kumar Rajbhar Son of Janardhan Rajbhar @ Janardan Rajbhar Resident of Village - Jaitpura, P.S.- Rajpur, Distt - Buxar. 5.

Gobardhan Rajbhar @ Gobardhan Rai @ Gobdhan Rajbhar Son of Late Brahm Dayal Rai @ Late Brahmdev Rajbhar Resident of Village - Jaitpura, P.S.- Rajpur, Distt - Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudha Chandra For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with G.R. No. 662 of 2019 arising out of Rajpur P.S. Case No. 640F of 2019 for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 427, 354(A), 354(B), 353, 120(B) and 504 of the Indian Penal Code.

The allegation is regarding 140 persons including the petitioners herein, who are named in the FIR, having formed a mob and had engaged in agitation on account of death of a

Patna High Court CR. MISC. No.81482 of 2019(2) dt.11-12-2019 2/2 person in a road accident and are said to have attacked the police station.

The learned counsel for the petitioners submits that the petitioners are having a clean antecedent and they have been falsely implicated in the present case. It is further submitted that there is no allegation of any sort of specific overt act as against the petitioners. It is submitted that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 04.09.2019 passed in Cr. Misc. No. 56262 of 2019.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VII, Buxar in connection with G.R. No. 662 of 2019 arising out of Rajpur P.S. Case No. 64 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Tiwary/- (Mohit Kumar Shah, J) U