Raja Ram Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.7501 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7501 of 2018 Arising Out of PS.Case No. -240 Year- 2015 Thana -DANAPUR District- PATNA ======================================================

1. Raja Ram Rai, S/o Late Singasan Rai,

2. Ram Pravesh Rai, S/o Raja Ram Rai.

3. Ashok Rai, S/o Raja Ram Rai.

4. Suresh Rai @ Sunosh Rai, S/o Raja Ram Rai.

5. Awadhesh Rai @ Abinash Rai, S/o Suresh Rai,

6. Subhash Rai, S/o Ram Pravesh Rai, All Resident of Village- Shankarpur Dera, P.S.- Shahpur, District- Patna. At present Sikandarpur, Danapur, court, Ke Pichhe, (Back of the court), P.S. Danapur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Sharan Singh, Adv. For the Opposite Party/s : Mr. Sri Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Danapur Police Station Case No. 240 of 2015, disclosing offences under Sections 384, 386 and 148 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is land dispute between the parties and on account of that these petitioners have falsely been implicated in this case.

Patna High Court Cr.Misc. No.7501 of 2018 (2) dt.15-02-2018 Moreover, the petitioners have already been granted the privilege of police bail and since the charge sheet have been submitted against the petitioners, they are apprehending their arrest and beg before this Court for grant of privilege of anticipatory bail.

Considering the facts and circumstances of the case, this Court is of the view that the matter is squarely covered by the decision of this Court in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) PLJR 491. In view of the above, the petitioners are directed to surrender before the Court below within a period of four weeks from today. In case, petitioners surrender and file their applications for bail, the concerned Court will pass an order in the similar manner as has been decided in the case of Mahendra Prasad Singh (Supra).

This application stands disposed of with the above observations/directions.

(Arvind Srivastava, J.) Brajesh/- U T