Rupesh Rai @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86904 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== 1.

RUPESH RAI @ RUPESH KUMAR Son of Bhairo Rai Resident of VillageGarabhua, Babu Tola, P.S-Sirisiya O.P, District-West Champaran. 2.

Munna Rai @ Munna Kumar Rai @ Mukesh Kumar Rai Son of Bhairo Rai Resident of Village-Garabhua, Babu Tola, P.S-Sirisiya O.P, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Chanpatiya Sirisiya P.S. Case No. 469 of 2018, registered for the offence punishable under Sections 341, 342, 147, 323, 148, 149, 353, 307, 427, 504, 120B of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having pelted stones on the police and having caused hindrance in the work of the police. The learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.86904 of 2019(2) dt.24-01-2020 2/3 the petitioners have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that a general and omnibus allegation has been levelled against the petitioners herein and similarly situated co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.3.2019 passed in Criminal Miscellaneous No. 18785 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, as also taking into account the parity of the case of the petitioners with those of the co-accused persons, who have already been granted anticipatory bail by the coordinate Bench of this Court, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Vth, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 469 of 2018, subject to the conditions

Patna High Court CR. MISC. No.86904 of 2019(2) dt.24-01-2020 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T