Musafir Rai And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10774 of 2019 Arising Out of PS. Case No.-118 Year-1991 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.
MUSAFIR RAI S/o Late Bujhawan Rai resident of village-Dharampur, P.SMinapur, District-Muzaffarpur. 2.
Jai Prakash Rai S/o Nageshwar Rai Resident of village-Mohanpur, P.S Minapur, District-Muzaffarpur 3.
Narayan Rai S/o Ram Ballam Rai resident of Village-Mohanpur, P.SMinapur, District-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manindra Kishore Singh For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Sessions Trial No.166 of 1998 arising out of Ahiyapur P.S.Case No.118 of 1991 registered for offences punishable under Sections 147, 148, 149, 323, 324, 325, 341 342, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioners and other accused persons is of causing death of Kunwar Rai (maternal uncle of the informant) and the petitioner is named in the FIR. The case is of the year, 1991 .
Patna High Court CR. MISC. No.10774 of 2019(4) dt.08-05-2019 2/2 Submission of the learned counsel for the petitioners is that though they were named in the FIR but final form has been submitted against them and not finding the case true, the same was also accepted, however during the trial of other accused persons, the petitioner was summoned by the learned trial court under Section 319 of the Cr.P.C.
Heard learned A.P.P. also.
Having heard both sides and later on warrant has also been issued, let the petitioners surrender before the learned court below and pray for bail before the learned trial court, who will pass appropriate order on the same day.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T