Bashishtha Rai @ Bashishth Narayan Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33843 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -DURAULI District- SIWAN ======================================================
1. Bashishtha Rai @ Bashishth Narayan Rai, S/o Late Suraj Rai,
2. Anand Kumar Singh @ Anand Kumar Rai,
3. Tuntun Singh @ Pankaj Kumar Rai, Both sons of Bashishth Rai, All residents of Village- Karom, P.S. Darauli, Dist- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.
The petitioners apprehend their arrest in Darauli P.S. Case No. 69 of 2015, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act. The brother of the deceased alleged that his sister was married to Om Prakash Rai, brother of Petitioner no.1 but Om Prakash Rai had died about 25 years ago. The daughter of his sister was married but the petitioners in order to grab the lands of his sister killed Urmila Devi, sister of the informant. During course of investigation, it transpired that there was marriage of daughter of Mukhtar Singh in which Anis Khan fired which accidentally hit Urmila Devi, who was on the roof of
Patna High Court Cr.Misc. No.33843 of 2016 (3) dt.21-09-2016 2/2 the house of Mukhtar Singh. The police after investigation submitted final form finding the case false against the petitioners. It is submitted that charge-sheet against Anis Khan has been submitted but Anis Khan has already been enlarged on regular bail vide order passed in Cr. Misc. No. 12308/2016. Learned Additional P.P. did not dispute this fact. Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 69 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T