Patna High CourtCR. MISC./27189/2015bail granted

Lal Babu Rai And ORS v. The State Of Bihar

2015-07-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27189 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -PANDARAK District- PATNA ======================================================

1. Lal Babu Rai Son of Late Yugeshwar Rai

2. Surendra Rai Son of Late Yugeshwar Rai

3. Rakesh Kumar Rai @ Rakesh Rai @ Rakesh Kumar Son of Ganga Bishun Rai

4. Ganga Bishun Rai Son of Late Dev Nandan Rai All Residents of Village - Namber Chamtha, P.S. Bachhwara, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 31-07-2015 Heard learned counsels for the petitioners, State and the informnt.

The petitioners are languishing in custody since 06.04.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 307, 436, 427 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that 10-15 miscreants variously armed came and made indiscriminate firing causing injury to the informant's arm and the thigh of the informant's brother. The accusation of putting fire on the hutment of the informant is also against co-accused Hemant Rai and Ram Gyan

Patna High Court Cr.Misc. No.27189 of 2015 (2) dt.31-07-2015 2/2 Rai. However, the hutment of Baso Sao was also put on fire but the accusation is omnibus and general.

It is submitted by learned counsel for the petitioners that the accusation of firing is omnibus and general while the accusation of litting fire is also against co-accused persons. Moreover, the investigation has already concluded. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P.S. Case No. 43 of 2015.

(Dinesh Kumar Singh, J) DKS/- U T