Jitendra Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9592 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -DARIYAPUR District- SARAN ======================================================

1. Jitendra Rai S/O Late Baleshwar Rai

2. Gautam Rai S/O Kameshwar Rai Both Resident of Village- Enam Dhongaha, P.S.- Dariyapur, District- Saran at Chapra. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party : Mr. C. Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Jitendra Rai and Gautam Rai, in connection with Dariyapur Police Station Case No. 130 of 2014 under Section 341/323/324/307/504/34 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 05.01.2015, passed, in A.B.P. No. 2072 of 2014, by the learned Sessions Judge, Saran, at Chapra, dismissing the said application for pre-arrest bail. Heard Mr. Dewendra Narayan Singh, learned Counsel for the petitioner, and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that perusal of record does not

Patna High Court Cr.Misc. No.9592 of 2015 (6) dt.16-07-2015 2/3 reveal any such incriminating materials against the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Dariyapur Police Station, Saran. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Dariyapur Police Station, Saran, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the

Patna High Court Cr.Misc. No.9592 of 2015 (6) dt.16-07-2015 3/3 Officer-in-Charge, Dariyapur Police Station, Saran. Send also a copy of this order, forthwith, to the Superintendent of Police, Saran, at Chapra, by fax. (I. A. Ansari, J) Pawan/- U T