Dhuri Rai @ Dhuri Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27667 of 2015 Arising Out of PS.Case No. -192 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Dhuri Rai @ Dhuri Yadav
2. Guddu Rai @ Guddu Yadav Both sons of Punai Rai, residents of village - Champapur, P.S. - Bakhtiyarpur, District - Patna.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-08-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is that the all the accused including the petitioners came to the shop of the informant and demanded ransom, which was refused. Thereafter at the instance of Punai Rai, the coaccused Karu Rai shot fire which hit Vinod Rai, son of the informant, who succumbed to the injury during treatment. When the neighbours assembled at the place of occurrence, both the petitioners shot fire and escaped.
It is submitted that there is specific allegation of overt act against the co-accused Karu Rai. The firing made by the petitioners did not hit any one. In similar facts and circumstances, the co-accused
Patna High Court Cr.Misc. No.27667 of 2015 (2) dt.04-08-2015 2/2 Punai Rai has been granted bail vide Cr. Misc. No.51472/2014. The learned counsel for the State submits that the petitioners have also criminal antecedents and after investigation, charge sheet has already been submitted.
Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna after framing of charge in Bakhtiyarpur P.S. Case No.192 of 2014 with the following conditions :
1.
One of the bailors will be the close relative of the petitioners.
2.
The petitioners will not indulge in similar or in any other offence.
3.
The petitioners will be well represented in the court.
4.
In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.
(Amaresh Kumar Lal, J) V.K. Pandey/- U T