Udai Rai @ Udeay Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.41761 of 2016 (2) dt.23-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41761 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -HAYAGHAT District- DARBHANGA ======================================================

1. Udai Rai @ Udeay Rai , son of Ram Naresh Rai

2. Gabbar Sahani @ Amar Kumar @ Amar Choudhary, son of Narayan Sahani

3. Rohit Rai @ Diraj Kumar Rai, son of Laffu Rai All resident of village - Bhado, P.S. - Harisnagar, District - Samastipur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.

23-09-2016 The petitioners apprehend their arrest in relation to Hayaghat P.S. Case No. 29 of 2016 registered under Sections 364, 307, 326/34 of the Indian Penal Code.

Learned counsel for the petitioners states that accused No. 2, namely, Gabbar Sahani @ Amar Kumar @ Amar Choudhary, has since been arrested by the police and, accordingly, prayer on his behalf for anticipatory bail has become infructuous.

Accordingly, prayer for anticipatory bail of petitioner no. 2 namely, Gabbar Sahani @ Amar Kumar @ Amar Choudhary, is dismissed as having become infructuous.

So far as remaining two petitioners are concerned, allegation is that the petitioners kidnapped informant and beat him and intending to kill him. The

Patna High Court Cr.Misc. No.41761 of 2016 (2) dt.23-09-2016 informant having placed hue and cry, local people assembled there to save his life.

Attention of this court is drawn to the fact that even the learned Sessions Judge, Darbhanga, has noticed that there are number of cases as between the parties, they are in the business of transporters being bus operators and it is because of that these cases are filed. Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners Nos. 1 and 3, namely, Udai Rai @ Udeay Rai and Rohit Rai @ Diraj Kumar Rai, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga, in connection with Hayaghat P.S. Case No. 29 of 2016, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T