The High Court granted regular bail to petitioners who were on remand in cases where they were not named in the FIR and faced no specific allegations, noting similar bail was granted in a coordinate bench case.
Petitioners enlarged on bail by furnishing bonds of Rs.10,000 each with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34476 of 2018
Arising Out of PS.Case No. -781 Year- 2017 Thana -PHULWARI District- PATNA
====================================================== 1. ARVIND RAY, Son of Ayodhaya Prasad Ray, 2. Sanjan Ray @ Ashish Kumar @ Ashish Rai, Son of Ayodhaya Prasad Ray, 3. Godhan Ray, Son of Mangal Ray,
All are residents of Village- Ishopur, Police Station- Phulwarisharif, District- Patna.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 14-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners, in the present case, are seeking regular bail in connection with Phulwarisharif P.S. Case No.781 of 2017, registered for offences alleged under Section 147, 148, 149, 427 and 436 of the Indian Penal Code.
Learned counsel for the petitioners submits that while the petitioners were arrested in Phulwarisharif P.S. Case No. 772/2017 and were granted bail in the said case, immediately thereafter the police has taken these petitioners on remand in four other cases whereunder the petitioners are not named and have been falsely
Patna High Court Cr.Misc. No.34476 of 2018 (2) dt.14-06-2018
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implicated on mere suspicion. Learned counsel submits that a bare perusal of the F.I.R. would show that there is no specific allegation of committing any act or omission in the factory of the informant by these petitioners. The Poultry Farm of the informant is said to have been set on fire by unknown persons, however, these petitioners have been involved in this case without there being any allegation against him. Learned counsel further submits that in Phulwarisharif P.S. Case No. 775/2017 in which also this petitioner was taken on remand under similar provisions of the Indian Penal Code the petitioners have been granted regular bail by a learned co-ordinate Bench of this Court on 04.06.2018 in Cr. Misc. No. 32881 of 2018.
Learned APP for the State is present.
Considering the facts and circumstances of the case under which the petitioners are not named in the F.I.R. and have been taken on remand by the police and in similar circumstance they have already been granted privilege of regular bail by a learned co-ordinate Bench of this Court, let the petitioners, above named, be enlarged on bail on their furnishing bail bonds of Rs.10,000/(Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XV, Patna, in connection with Phulwarisharif P.S.
Patna High Court Cr.Misc. No.34476 of 2018 (2) dt.14-06-2018
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Case No. 781 of 2017, subject to the conditions U/S 437(3)
Cr.P.C.
(Rajeev Ranjan Prasad, J)
Arvind/-
U T
1 issue framed by the court
Whether to grant regular bail to petitioners named in FIR but taken on remand in cases where they are not mentioned and have no specific allegations against them.
1 provisions across 1 enactments
Arvind Ray and others
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
