High Court Patna High Court - Orders

Moti Rawat & Ors. vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Moti Rawat & Ors. vs The State Of Bihar on 24 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.32526 of 2011
                   1.       Moti Rawat
                   2.       Heera Rawat
                   3.       Jawhar Ram @ Jawahar Rawat
                   All sons of Sundar Rawat, all resident of village - Biur, P.S. - Chainpur,
                   District - Kaimur (Bhabhua).
                                                                            --------- Petitioners.
                                                    Versus
                   The State of Bihar                                  -------Opposite Party
                                                   *******

03. 24.10.2011 Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

Supplementary affidavit has been filed on behalf of

the petitioners.

The three petitioners, apprehending their arrest in

connection with Chainpur P.S. Case No. 65/2001 for offences

under Sections 147/148/149/307/427 of the Indian Penal Code

and 27 of the Arms Act, are named accused in this ten years

old case.

Submission is that they carry general and omnibus

allegation and main and initial allegation against two non-

petitioners Mukund Rai and Vijai Rai. Police after

investigation submitted charge-sheet only against above two

named exonerated three petitioners. However, recently

cognizance has been taken and petitioners have also been

summoned. There was counter version also at the instance of

non-petitioner Mukund Rawat who carry main allegation,
wherein police submitted charge-sheet against all the named

petitioners.

Considering the facts and circumstances of the case,

in the event of their arrest or surrender within a period of four

weeks, let the above-named petitioners be enlarged on bail on

furnishing bail bond of sum of Rs. 10,000/- (ten thousand only)

each with two sureties of the like amount each to the

satisfaction of Sri R. S. Pandey, Judicial Magistrate, Bhabhua,

in connection with Chainpur P.S. Case No. 65/2001 (Tr. No.

707/2011), subject to condition under section 438(2) of the

Code of Criminal Procedure, and additional condition to attend

the court regularly till disposal of the case, in the event of

failure on two consecutive dates, without any reasonable

explanation, the privilege granted shall be deemed to be

cancelled.

Rajeev/-                               ( Akhilesh Chandra, J.)