Raj Kumar Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7012 of 2016 Arising Out of PS.Case No. -25 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Raj Kumar Rai

2. Shiv Kumar Rai

3. Ramu Kumar all are sons of Sri Chandeshwar Rai all are residents of Sikandra, P.S. - Barh, Dist - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao, Adv. For the Opposite Party/s : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 325, 307 and 302 of the Indian Penal Code. The prosecution case is that the petitioners and two others assaulted the brother of the informant Ganauri Ray who during treatment succumbed to the injuries.

It is submitted by learned counsel for the petitioners that omnibus and general accusation has been levelled against the petitioners when similarly situated accused Rakesh Kumar has been granted regular bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 50957 of 2014.

Patna High Court Cr.Misc. No.7012 of 2016 (2) dt.16-02-2016 2/2 Considering the nature of accusation this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Barh P.S. Case No. 25 of 2014 pending in the court of learned ACJM, Barh (Patna) keeping in view that other similarly situated accused has been granted regular bail.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T