Dipak Rai @ Deepak Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.14644 of 2021 Arising Out of PS. Case No.-101 Year-2016 Thana- JANTA BAZAR District- Saran ====================================================== DIPAK RAI @ DEEPAK KUMAR RAI Son of Binod Rai Resident of Village Anandpur Tola Harbalam Patti, Darhibarhi P.S. Baniapur, District - Saran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Harsh Anuj For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Janta Bazar P.S. Case No. 101 of 2016, registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.

The case has been lodged by the complainant/informant Sahnawaj Khan mentioning therein that the marriage of Ms. Alia Khanam was fixed. Invitation cards were being distributed and on 19.08.2016 his brother Ansarul

Patna High Court CR. MISC. No.14644 of 2021(2) dt.12-01-2022 2/3 Haque and Sahbaj Khan had gone to distribute invitation card. It has further been alleged that co-accused Shaquib Raza had taken loan of Rs. 1 lakh from the brother of the informant namely Shahbaj Khan. When Shahbaj Khan and Ansarul Haque were returning on his motorcycle after distributing invitation card then Shaquib Raza and other accused persons stopped the motorcycle and started assaulting Shahbaz Khan and Ansarul Haque by lathi, danda, bricks etc. due to assault Shahbaz Khan and Ansarul Haque died on the spot.

Learned counsel for the petitioner has submitted that the name of the petitioner has not been mentioned in the FIR rather his name has been figured in later part of the investigation he has further submitted that co-accused Shaquib Raza @ Saquib Raza have been granted anticipatory bail by the coordinate Bench in Cr. Misc. No. 58266 of 2019 vide order dated 12.06.2020 and some other co-accused persons have also been granted anticipatory bail by the coordinate Bench of this court.

Considering the above-mentioned facts and circumstances, let the petitioner be released on bail in the event of his arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.14644 of 2021(2) dt.12-01-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Janta Bazar P.S. Case No. 101 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T