Patna High CourtCR. MISC./46991/2016dismissed

Ramvinay Ray And ORS v. The State Of Bihar

2016-10-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46991 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -SC/ST District- SHEOHAR ======================================================

1. Ramvinay Ray, son of Late Pheku Ray

2. Munna Ray @ Munna Kr. Ray, son of Ramvinay Ray

3. Dilip Ray @ Dilip Kr. Ray, son of Ramvinay Ray All residents of village- Harnahiya, P.S. Sheohar, District- Sheohar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-10-2016 Heard Sri Mahendra Thakur, learned counsel for the petitioners and Sri Sadanand Paswan, learned Special Public Prosecutor.

This is the second attempt for grant of anticipatory bail. Earlier the prayer for anticipatory bail of the petitioners was rejected on 24.08.2016 vide Cr.Misc.No.31790 of 2016. The petitioners are named accused in Sheohar SC/ST P.S. Case No.25/2015 registered for the offence under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code and Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

Sri Mahendra Thakur, learned counsel for the petitioners submits that earlier incorrect submission was made by

Patna High Court Cr.Misc. No.46991 of 2016 (2) dt.26-10-2016 2/2 learned counsel for the petitioners that the petitioners were on police bail. However, he submits that they were extended the privilege in view of Section 41 of the Code of Criminal Procedure. Keeping in view the fact that anticipatory bail of the petitioners was earlier rejected on 24.08.2016, there is no reason to review my earlier order. The petition stands again dismissed. Since the anticipatory bail petition of the petitioners was already rejected on 24.08.2016, it is necessary to direct the concerned Superintendent of Police to examine as to under circumstances, petitioners are still at large. Let a copy of this order be sent to the concerned Superintendent of Police forthwith.

(Rakesh Kumar, J) NKS/- U T