Munna Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33032 of 2014 Arising Out of PS.Case No. -124 Year- 2014 Thana -DIGHA District- PATNA ======================================================

1. Munna Rai S/o of Ram Dahin rai ,

2. Khelari Rai S/o of Ram Dahin rai Both resident of Village -Digha Ghat behind Banke Bihari Mill , P.S. -Digha , Dist. Patna . .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-07-2015 The petitioners figured as accused in Digha PS Case No. 124 of 2014, wherein offences punishable under Sections 323, 341, 307, 379, 504, 506/34 of the Indian Penal Code were alleged against them.

Apprehending their arrest, the petitioners filed ABP No.21163 of 2014 in the court of learned Sessions Judge, Patna. The same was dismissed on 23.6.2014. Hence, this application. Heard learned counsel for the petitioners and learned Addl. Public Prosecutor.

When the petitioners are facing allegation of committing offence of attempt to murder, this Court is not inclined to grant anticipatory bail. The petitioners can surrender before the trial court and make an application for bail. If other accused are

Patna High Court Cr.Misc. No.33032 of 2014 (4) dt.09-07-2015 2/2 released or granted regular bail, there is no reason as to why the petitioners would be denied bail.

Hence, this petition is dismissed leaving it open to the petitioners to surrender before the trial court and move an application for bail. In such event, the trial court shall take into account the fact that other accused in the crime have been released on bail and pass appropriate order without any loss of time. (L. Narasimha Reddy,CJ) mrl U T