Upendra Rai And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35462 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Upendra Rai Son of Shankar Rai.
2. Shankar Rai, Son of Late Raji Rai.
Both resident of village- Sandha Damber, P.S. Motipur District Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-08-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The informant claimed to have identified the petitioners while committing the alleged crime and in course of investigation, some witnesses also claimed to have identified the petitioners at the time of alleged occurrence. Submission on behalf of the petitioners is that petitioners and informant are resident of same police station and as a matter of fact, they have been implicated in this case due to village politics.
The first information report of informant reflects that petitioners were known to the informant prior to the alleged
Patna High Court Cr.Misc. No.35462 of 2015 (2) dt.27-08-2015 2/2 occurrence and it appears to be doubtful that a known person shall commit dacoity without covering his face. Moreover, after due investigation, the police found the case true under Sections 341, 323, 324, 384, 386 and 387 of the Indian Penal Code. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Motipur P.S. Case No. 30 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T