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Patna High CourtCR. MISC./39526/2014rejected

Upendra Rai And ORS v. The State Of Bihar

2015-01-21Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39526 of 2014 Arising Out of PS.Case No. -172 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Upendra Rai, Son of Salik Rai

2. Salik Rai, Son of Late Bhola Rai

3. Milan Rai @ Milan Kumar Rai, Son of Sidhi Rai, All Resident of Village - Vastepur, Musahari, Police Station - Sahebganj, District - Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners and the State.

Petitioner No. 2 is the father and driver of the truck. Petitioner No. 1 is his son. Petitioner No. 3 is the Khalasi (cleaner) of the truck, wherefrom 640 bags of rice were looted while the truck was on its way. Petitioner No. 2 registered First Information Report against unknown. During investigation of the case Petitioners have been made accused in the present case and arrested on 12.07.2014.

In the circumstances, I am not inclined to release the petitioners on bail even though looted

Patna High Court Cr.Misc. No.39526 of 2014 (3) dt.21-01-2015 rice was recovered from the campus of Upgraded Middle School, Sundarpur Diara Tola in the district of Motihari, East Champaran. It is submitted on behalf of the petitioners that the authorities of the school have not been made accused in the case, as such, their complicity in the case is wholly misconceived.

I regret not to accept such submission. Charge-sheet having been submitted, let the court concerned, Chief Judicial Magistrate, West Champaran commit the case, if not already committed, trial court proceed with the trial of Nautan (Jagdishpur) P.S. Case No. 172/14 and conclude the same within a reasonable time i.e. one year from the date of commitment or receipt of this order, whichever is later.

(V.N. Sinha, J) P.K.P.

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