Prakash Kumar @ Prakash Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13152 of 2018 Arising Out of PS.Case No. -459 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================
1. Prakash Kumar @ Prakash Ray, S/o Rai Managal Ray,
2. Anurag Kumar @ Anurag Ray, S/o Amindra Rai,
3. Rajeev Kumar Rai @ Rajeev Ray, S/o Ram Dular Rai, All resident of Village- Bajhila, P.S.- Kanti, Dist- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Kanti P.S.Case No.459 of 2017 , registered for offences punishable under Sections 386, 379 and 504/34 of the Indian Penal Code.
Petitioners are named in the FIR and thee is allegation of demand of extortion also.
Submission of the learned counsel for the petitioners is that whatever allegation is of demand and also snatching of the money as well as removing the tyres from the vehicle is concerned that is against Vikash Rai and due to that whole family members have been made accused in this case.
Patna High Court Cr.Misc. No.13152 of 2018 (2) dt.04-04-2018 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, 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 the learned S.D.J.M. (West) Muzaffarpur in connection with Kanti P.S.case No.459 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T