Patna High CourtCR. MISC./30914/2014bail granted

Ram Ekbal Rai @ Balla Rai And ORS v. The State Of Bihar

2015-01-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30914 of 2014 Arising Out of PS.Case No. -84 Year- 2013 Thana -MANER District- PATNA ======================================================

1. Ram Ekbal Rai @ Balla Rai, Son of Late Seo Nandan Rai

2. Abhay Rai @ Abhay Kumar, Son of Ram Ekbal Rai

3. Ajay Rai @ Ajay Kumar, Son of Ram Ekbal Rai

4. Nirbhay Rai @ Nirbhay Kumar, Son of Ram Ekbal Rai All are residents of village- Balua, P.S.- Maner, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Mishra, Adv. For the Opposite Party/s : Mr. Gopesh Kumar , A.P.P. CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Maner P.S. Case No. 84 of 2013 registered for the offences punishable under Sections 341, 323, 447, 307, 379, 427 and 188/34 of the Indian Penal Code and under Section 27 of the Arms Act, seek the privilege of pre-arrest bail.

It is submitted that for the same occurrence, a complaint case was filed bearing Complaint Case No. 268© of 2013 and after seven days, First Information Report has been lodged by the same person. In the complaint Case, the petitioners are on bail and as such, in this case also, the petitioners deserve sympathetic

Patna High Court Cr.Misc. No.30914 of 2014 (2) dt.27-01-2015 consideration as they are going to be harassed twice for the same occurrence.

The learned A.P.P. after going through Annexue-3 fairly submits that for the same occurrence two parallel cases have been instituted.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall 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 the learned Additional Chief Judicial Magistrate Danapur in connection with Maner P.S. Case No. 84 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T