Arjun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12385 of 2023 Arising Out of PS. Case No.-175 Year-1990 Thana- BIHTA District- Patna ====================================================== 1.
ARJUN RAI Son of Late Bhauchan Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar 2.
SUDAMA RAI Son of Sri Arjun Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar 3.
DARSHAN RAI Son of Late Karmu Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar 4.
DOMAN RAI Son of Late Ganga Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar .
MANOJ RAI Son of Sri Arjun Rai R/v- Srirampur Tola, P.S.- Bihta, DistrictPatna, State- Bihar 6.
MATHURA RAI Son of Late Raghunandan Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar 7.
CHHOTAN RAI Son of Sri Arjun Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar 8.
RAMESH RAI Son of Late Rajendra Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar 9.
VINOD RAI Son of Sri Ramayan Rai R/v- Srirampur Tola, P.S.- Bihta, District- Patna, State- Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kant Kumar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-03-2023 Heard the parties.
The present application has been filed for quashing the order dated 14.12.2022 passed by the learned Additional District and Sessions Judge, 1st at Danapur, Patna in Sessions Trial Case No. 87/1991 arising out of Bihta P.S. Case No. 175/1990 whereby and whereunder the petitioners of the petitioners dated 14.12.2022 filed under Section 317 of the Cr. P.C. has not been brought on record and the bail bonds of the
Patna High Court CR. MISC. No.12385 of 2023(2) dt.13-03-2023 2/2 petitioners have been cancelled in very mechanical manner without warning or requirement in the said case in which stage of case fixed for appearance to some others three co-accused which is pending in the Court of learned Additional District and Sessions Judge, 1st at Danapur, Patna and also to restore the bail bond of the petitioners which have been cancelled vide order dated 14.12.2022 by the Additional District and Sessions Judge, 1st at Danapur, Patna in Sessions Trial No. 87/1991 arising out of Bihta P.S. Case No. 175 of 1990.
Under the facts and circumstances of the case and for the reasons mentioned in the application, the impugned order is set aside. The present application is, accordingly, disposed of. The petitioners shall remain on the bail bond executed earlier and they will participate in the disposal of the trial which shall be held on day-to-day basis.
Let a copy of this order be communicated to the trial Court through FAX.
The petitioners will appear in the trial Court on 3rd of April, 2023.
(Sandeep Kumar, J) Saif/- U T