Swaliya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42407 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -KOPA District- SARAN ====================================================== Swaliya Rai, son of Late Ram Surat Rai of village- Dumari, P.S. Manjhi, District- Saran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== With Criminal Miscellaneous No.43545 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -KOPA District- SARAN ====================================================== Ajit Kumar Rai @ Ajit Kumar Yadav, Son of Shiv Shankar Rai, resident of Village-Dhenuki, P.S.-Kopa, District-Chapra (Saran). .... .... Petitioner

Versus

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

(In Cr.Misc. No.42407 of 2014) For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. M.K. Khare (App) (In Cr.Misc. No.43545 of 2014) For the Petitioner/s : Mr. Ram Naresh Sharma For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

21-01-2015 In both petitions, petitioners have prayed for grant of bail in connection with Kopa P.S. Case No.52 of 2014 registered for the offence under Sections 364(A)/365/34 of the Indian Penal Code and, as such, both petitions were heard together and are being disposed of by common order.

It was submitted by learned counsel for the petitioners that F.I.R. was lodged as per fardbeyan of the victim, who disclosed that while he was moving on a motorcycle with the petitioner of second case i.e. Ajit Kumar Rai, police arrived there

Patna High Court Cr.Misc. No.42407 of 2014 (4) dt.21-01-2015 2/2 and statement of victim was recorded and, thereafter, F.I.R. was lodged.

Learned counsel for the petitioners submits that as per F.I.R. itself, there is material to show that the dispute in between the petitioners and the informant side was continuing. It has further been submitted that in respect of some of the accused persons, even in Anticipatory bail, stay has been granted by the court below.

Sri M.K. Khare, learned Addl. Public Prosecutor and Sri Umesh Kumar Mishra, learned counsel for the informant have opposed the prayer for bail.

However, in view of fact of the present case, the Court is of the opinion that it is a fit case for extending the privilege of bail. Let both petitioners (i) Swaliya Rai (in Cr.Misc.No.42407 of 2014) and (ii) Ajit Kumar Rai @ Ajit Kumar Yadav (in Cr.Misc.No.43545 of 2014) 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No.52 of 2014.

NKS/- (Rakesh Kumar, J) U