Rambahadur Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7240 of 2017 Arising Out of PS.Case No. -80 Year- 2010 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Rambahadur Rai Son of Mita Rai.

2. Ram Pravesh Rai Son of Rambahadur Rai

3. Ashok Rai Son of Rambahadur Rai and

4. Nandu Rai Son of Rambahadur Rai All Resident of Village- Sadatur, P.S.- Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that petitioner no.1 is cousin father-in-law and petitioners no. 2 to 4 are cousin Bhaisurs of the deceased. As a matter of fact, sale of plots near the house of the informant is the cause of dispute and mere suspicion has been raised against these accused-petitioners. There is no eye witness to the occurrence.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.7240 of 2017 (3) dt.22-02-2017 2/2 Having heard both sides and from perusal of the record it appears that the case is of the year 2010 and in 2017 the petitioners have come before this Court for anticipatory bail, i.e. , after lapse of seven years though their names are mentioned in the FIR itself.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners, the same is rejected.

However, petitioners are directed to surrender in the court below, i.e., learned S.D.J.M., West, Muzaffarpur, in connection with Kanti P. S. Case no. 80 of 2010 and make prayer for regular bail which will be considered taking into account the fact that other co-accused have been chargesheeted in this case and also on the basis of the materials available on record and pass an appropriate order without being prejudiced by the order of this Court.

Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sudip/- U T