Patna High CourtCR. MISC./47855/2017bail granted

Rajendra Rai And ORS v. The State Of Bihar

2017-12-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47855 of 2017 Arising Out of PS. Case No.-124 Year-2015 Thana- BASANTPUR District- Siwan ======================================================

1. Rajendra Rai, Son of Somari Rai,

2. Shashikant Kumar @ Shashikant, Son of Brij Kishore Shah,

3. Jhulan Rai,

4. Sudhan Rai,

5. Bhulan Rai, All 3 to 5 are sons of Bengali Rai. All are residents of Village- Janki Nagar, P.S.- Basantpur, District- Siwan.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. SRI ANIL KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Basantpur P. S. Case No. 124 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code.

At the very outset, it has been submitted that in this case after completing investigation the petitioners have been found innocent and they have not been sent up for trial vide chargesheet no. 128 of 2016 but after differing with the opinion of the Investigating Officer cognizance has been taken against the petitioners also, resulting, they are apprehending their arrest. Learned APP fairly submits that vide annexure-4 the

Patna High Court Cr.Misc. No.47855 of 2017(4) dt.12-12-2017 2/2 petitioners have not been sent up for trial.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P. S. Case No. 124 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T