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Patna High Court - Orders

Raghunath Rai @ Ramu Rai vs State Of Bihar on 4 November, 2009

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.21545 of 2009
                 1. RAGHUNATH RAI @ RAMU RAI
                 2. UMESH KUMAR
                                                             ---- PETITIONERS.
                                               Versus
                    STATE OF BIHAR
                                                             --- OPP. PARTY.
                                             -----------

5   04.11.2009

Heard learned counsels for the petitioners, State and informant.

Petitioner no.2, namely, Umesh Kumar has approached this Court seeking bail in a case instituted under diverse Sections of the Penal Code including Sections 384/34 of the Penal Code.

Allegation as per F.I.R. is that the petitioner demanded some amount as 'Rangdari' tax from the informant and threatened him with dire consequences.

Learned counsel for the petitioners submits that the matter is basically a civil dispute. It is contended that a suit is pending between the petitioners and other agnates in relation to certain pieces of land. Informant is purchaser of one of the pieces of land from the defendants of the said suit. It is next contended that other co-accuseds have either been granted anticipatory bail or regular bail by different Courts. It is further submitted that he is in custody since 05th June, 2009. It is further highlighted that there are several cases both civil and criminal pending between the agnates on account of possession of their shares of land.

2

Learned counsel appearing on behalf of the informant as well as State, on the other hand, opposed the prayer for bail. Learned counsel for the informant submits that the petitioner is accused in several cases of identical nature. It is next contended that on being released from jail in one of those cases he committed another offence.

In the facts and circumstances of the case, petitioner no.2, namely, Umesh Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M. Patna in connection with Shastri Nagar P.S.Case no. 193/2009, subject to the following conditions: 

            (i)            One of the bailors should be the

                           own/close family member of the

                           petitioner.

            (ii)           The petitioner shall appear before the

Officer-in-charge Shastri Nagar P.S. once in a fortnight preferably ( either on Saturday or Sunday) for a period of five months from the date of his release. In case of default in such appearance, the Officer-in-charge shall promptly report the matter to the Court in seisin of the case whereafter it shall be open to the Court below to 3 cancel the bail bond of the petitioner and secure his arrest in accordance with law. 

Sym/            (Kishore K. Mandal, J.)