Jatu Rai @ Jatadhari Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33891 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -PANDARAK District- PATNA ======================================================
1. Jatu Rai @ Jatadhari Rai, son of late Yugeshwar Rai
2. Ram Gyan Rai son of Ganga Bishun Rai
3. Chiranjivi Rai son of Maheshwar Rai All residents of village- Namber Chamtha, P.S. Bachhwara, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 436 and 427 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that the accused persons variously armed came and made indiscriminate firing on the informant and his family. It is also alleged that co-accused Hemant Rai and Ram Gyan Rai put the hutment of the informant on fire whereas accused Hemant Rai, Pappu Mahto and Manohar Rai (non-petitioners) put the tractor of the informant on fire. The petitioners and others resorted to fire as a result brother of informant received injury on his left thigh whereas
Patna High Court Cr.Misc. No.33891 of 2015 (2) dt.14-08-2015 2/2 informant received injury of the left arm and one Ramjee Rai received injury on his knee.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and at earlier point of time co-accused Lal Babu Rai lodged Bachhwara P.S. Case No. 98 of 2014 levelling accusation under Sections 147, 148, 149, 447, 341, 323, 324 and 307 of the IPC against the informant's side wherein petitioner no.2 received injuries. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the accusation of firing being omnibus and general, it is a case for consideration of prayer for regular bail. Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Pandarak P.S. Case No. 43 of 2015 pending in the court of learned ACJM, Barh, Patna. Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Amrendra/- U T