Allowed

Anil Rai @ Anil Kumar Rai and Anr. v. The State Of Bihar

Patna HC1 Feb 2016CR. MISC./53562/2015

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two petitioners facing charges of obstruction and assault. The order directed their release on bail subject to conditions including the appearance of the petitioner every time fixed if charges were framed.

What did the court decide?

Anticipatory bail granted with a bond of Rs. 10,000 and two sureties, subject to specific conditions regarding appearance in court if framing of charge occurs.

Anil Rai @ Anil Kumar Rai and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53562 of 2015

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Arising Out of PS.Case No. -195 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR

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====================================================== 1. Anil Rai @ Anil Kumar Rai 2. Kamlesh Rai, Both Sons of Ramashray Rai, Resident of Village - Darahpur, P.S. - Buxar (Ind.), District - Buxar. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. M. Dayal (App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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3 01-02-2016 As prayed, the application on behalf of petitioner no. 2 is dismissed as withdrawn.

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Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.

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The sole petitioner apprehends his arrest in connection with Buxar (Ind.) P.S. Case No. 195 of 2015 registered under Sections 341, 504,353 and 389 of the Indian Penal Code.

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Precisely, the allegation is that when the Police personnel went to the house of the petitioner on the dead of night to effect raid in the house, obstruction was offered by the petitioner and some stones were pelted. It has been stated that until

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filing of the case, there was no criminal antecedent of the petitioner. Police, however, got his name subsequently impleaded in Buxar (Town) P.S. Case No 129 of 2015 which was registered

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Patna High Court Cr.Misc. No.53562 of 2015 (3) dt.01-02-2016

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2/2

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against unknown.

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Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner no. 1 namely Anil Rai @ Anil Kumar Rai is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Buxar (Ind.) P.S. Case No. 195 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

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(i) One of the bailers shall be the own/close family members of the petitioner.

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(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

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(Kishore Kumar Mandal, J)

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Pankaj/U T

Anil Rai @ Anil Kumar Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Anil Rai @ Anil Kumar Rai and Anr. v. The State Of Bihar

Case brief

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