Mantu Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.38804 of 2016 (2) dt.03-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38804 of 2016 Arising Out of PS.Case No. -82 Year- 2015 Thana -KATORIA District- BANKA ======================================================

1. Mantu Rai, Son of Shaligram Rai.

2. Madoli Rai, Son of Nawal Rai, Both are Residents of Village- Telbhanga, P.S. Katoria, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Katoria P.S. Case No. 82 of 2015 registered under Sections 302, 120(B0, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of Additional Chief Judicial Magistrate Ist, Banka.

The accusation is that Arun Yadav, son of the informant, was called on mobile, in the evening on 17.04.2015, who was killed and his dead body was thrown at the bank of Padaria river, under the conspiracy of petitioners and eight others. Learned counsel for the petitioners submits petitioners

Patna High Court Cr.Misc. No.38804 of 2016 (2) dt.03-10-2016 have falsely been implicated in this case mere on suspicion. It is further submitted that petitioners have no criminal antecedent. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T