Bigan Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20807 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -GARKHA District- SARAN ======================================================

1. Bigan Rai S/o Late Ram Ashray Rai

2. Vijay Rai S/o Bigan Rai Both resident of village Chainpur Mathiya P.S. Bheldi Dist Saran. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Surendra Kumar, Advocate. For the Opposite Party/s : Mr. A.L.Pandit (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case instituted under Sections 364/ 302/34 of the Indian Penal Code. The allegation against the petitioners is of committing the murder of the deceased.

It has been submitted on behalf of the petitioners that the petitioners are named in the present case, on the basis of the village politics. It has been further submitted that in respect to the death of the deceased, Danapur P.S. Case No. 134/13 under Section 304A of the I.P.C. was instituted. It has further been submitted that taking the advantage of the same, the complainant instituted the present case implicating the petitioners. It has further been submitted that the dead body of

Patna High Court Cr.Misc. No.20807 of 2015 (2) dt.09-07-2015 - 2 - the deceased was recovered by Danapur Police, which gave rise to Danapur P.S. Case No. 134/2013.

Learned counsel for the State has submitted that the petitioners are named in the F.I.R. and there is specific allegation against them.

Considering the facts aforesaid, let the above named petitioners, in the event of their arrest or surrenders in the Court below within a period of four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Garkha P.S. Case No. 102 of 2014, subject to the conditions as laid down u/s 438 (2) Cr.P.C.

(Sudhir Singh, J.) Kamlesh U T