Opi Rai @ Upendra Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36411 of 2016 Arising Out of PS.Case No. -94 Year- 2012 Thana -PUPRI District- SITAMARHI ======================================================

1. Opi Rai @ Upendra Rai, Son of Late Hari Nandan Rai,

2. Jivachha Rai @ Jeevachha Rai @ Jeevach Kumar, Son of Niranjan Rai Both resident of village Kusail, P.O. Pupari, District Sitamarhi. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar Jha, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-09-2016 At the outset, it is submitted that charge-sheet has been filed against the petitioners only in respect of bailable offences and they are on police bail.

2. In that view of matter and having regard to the decision of the Hon'ble Division Bench of this Court in Bishundeo Sahu Vs. The State of Bihar & Ors., 2011 (1) PLJR 731, the present bail petition is held to be not maintainable.

3. Let the petitioners surrender before learned Chief Judicial Magistrate, Sitamarhi in connection with Pupari P.S. Case No. 94 of 2012.

4. The bail petition stands disposed of.

(Vikash Jain, J) B.T/Chandran U T