IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31721 of 2011
1. Krishna Kant Rai, Son of Bhuar Rai, resident of village-Boksa, P.S.-
Buxar, District-Buxar.
2. Mahendra Pandey, Son of Late Nagina Pandey, resident of village-
Dopadiha, P.S.-Nasriganj, District-Rohtas.
3. Hareram Thakur, Son of Late Senapati Thakur, resident of village-Hua
Sahiyara, P.S.-Semari, District-Buxar.
........Petitioners.
Versus
The State of Bihar ........Opp. Party.
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2 18.10.2011 Heard learned counsel for the petitioners and learned
counsel appearing for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence under Sections 302, 201 and 34 of
the Indian Penal Code.
It is submitted that the present case has maliciously been
instituted. Admittedly the alleged occurrence is said to have taken
place on 28.7.2005 onwards but the F.I.R. has been registered on
3.7.2010. The F.I.R. has been lodged, alleging that the son of the
informant was taken away by one Congress Yadav and thereafter
he has disappeared and has not returned back.
It is also submitted that two other co-accused persons
namely, Avinash Dubey and Surendra Rai have already been
granted anticipatory bail by order dated 26.3.2011 passed in Cr.
Misc. No. 44157 of 2010 and the case of the petitioners stand on
similar footing.
Considering the aforesaid facts, let the petitioners,
namely, (i) Krishna Kant Rai, (ii) Mahendra Pandey and (iii)
Hareram Thakur in the event of their arrest or surrender before the
2
Court below within a period of four weeks from the date of
receipt/communication of this order, be released on bail on
furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Bhojpur at Ara in connection with
Charpokhari P.S. Case No. 105 of 2010 subject to the conditions as
laid down under Section 438(2) Cr. P.C.
Sanjeet (Ashwani Kumar Singh, J.)