Subodh Rai @ Subodh Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39330 of 2014 Arising Out of PS.Case No. -43 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================
1. Subodh Rai @ Subodh Kumar
2. Chitranjan Rai, Both sons of Sri Munshi Rai @ Ram Sumiran Sharma, resident of Village-Piro, Wrd No.12, P.S.-Piro, District-Bhojpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ravinder Kumar Sharma, Advocate For the Opposite Party : Mr. M.K.Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-04-2015 Learned counsel for the petitioners seeks permission to withdraw the application seeking pre-arrest bail in respect of petitioner No.1, namely, Subodh Rai @ Subodh Kumar. In view of the above, this application seeking prearrest bail in respect of petitioner No.1, namely, Subodh Rai @ Subodh Kumar is dismissed as withdrawn.
This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner Chirtanjan Rai in connection with Piro Police Station Case No. 43 of 2014 under Section 341/323/324/325/307/379 read with Section 34 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 21.08.2014, passed, in
Patna High Court Cr.Misc. No.39330 of 2014 (2) dt.16-04-2015 2/3 A.B.P. No. 366 of 2014, by the learned Sessions Judge, Bhojpur at Ara, dismissing the said application for pre-arrest bail. Heard Mr. R.K.Sharma, learned Counsel for the petitioner, and Mr. M.K. Nirala, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for prearrest bail.
Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his 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, Piro Police Station, Bhojpur.
Patna High Court Cr.Misc. No.39330 of 2014 (2) dt.16-04-2015 3/3 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 Officer-in-Charge, Piro Police Station, Bhojpur. Send also a copy of this order, forthwith, to the Superintendent of Police, Bhojpur at Ara, by fax. (I. A. Ansari, J) Pawan/- U T