Digvijay Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52281 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -CHAURI District- BHOJPUR ======================================================

1. Digvijay Rai son of Ravindra Rai.

2. Rahul Rai son of Ravindra Rai.

3. Birendra Rai son of Late Baidyanath Rai.

4. Shibbu Rai son of Birendra Rai.

5. Bittu Rai son of Birendra Rai. All are resident of Village- Dullamchak, Police Station- Chauri, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that the accused persons including the petitioners resorted to indiscriminate fire on the informant but no injury was caused.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.52281 of 2016 (2) dt.20-12-2016 2/2 present case. General and omnibus allegation has been made against 16 persons including the petitioners. The other co-accused has been granted anticipatory bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri N. Dayal, Judicial Magistrate, 1st class, Bhojpur at Ara in connection with Chauri P.S. case No.38 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T