IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22202 of 2011
1.Munna Rai.
2.Tappu Rai.
Both Sons of Awadhesh Rai, Resident of Village Akhori, P.S. Karahgar
(Barahari), District Rohtas.
---------- Petitioners
Versus
The State Of Bihar.
-------- Opposite Party
--------------
03/- 05.09.2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State, who is armed with carbon
copy of the case diary.
The two petitioner apprehend their arrest in connection
with a case registered for the offence punishable under Sections 147,
148, 149, 447, 323, 504/307 of the Indian Penal Code and Section 27
of the Arms Act, are named accused in this case with allegation of
arriving at the door of the informant with their father, who was
armed with a gun and started abusing and on protest shot at the
informant followed by arrival of some others, who also started firing.
Submission is that no allegations of committing any
type of overt act has been attributed against these two petitioners, but
have been implicated in this case only due to being son of their
father.
If it is so, in the event of their arrest/surrender before the
court below within four weeks, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand only) each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in
connection with Kargahar (Barahari) P.S. Case No. 29 of 2911,
subject to condition laid down under Section 438(2) of the Criminal
Procedure Code with additional condition to remain physically
present before the court below on each and every date at least for
two years or till disposal of the case, whichever is earlier, in case of
failure on two consecutive dates, without giving any reasonable
explanation, the liberty granted shall be deemed to be cancelled.
Praveen/ ( Akhilesh Chandra, J.)