Rahul Rai @ Rahul Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47129 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== 1.

RAHUL RAI @ RAHUL KUMAR RAI, Son of Ramdeo Rai, 2.

Dimpal Rai @ Dipak Kumar, son of Parma Rai @ Parmanand Rai, both Resident of- Pacharukhiya, P.S.- Koilwar, Distt - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP For the Informant :

Mr. Niranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-08-2019 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners seek bail in Koilwar P.S. Case No.152 of 2019 instituted for the offence under Section(s) 302 and other allied sections Indian Penal Code.

As per written report, on the date of occurrence petitioners and other accused persons along with 20-25 persons came armed with weapon and started raising slogans. It is further alleged that two persons started abusing prosecution party. One Nand Jee Rai enticed to kill and thereafter on the order of Nand Jee Rai, Baijnath Yadav assaulted Malay with butt of rifle on head, who fell down bleeding and subsequently died.

Patna High Court CR. MISC. No.47129 of 2019(3) dt.30-08-2019 2/2 Counsel for the petitioners submits that there is no allegation of specific overt act against the petitioners. They are only alleged to be members of unlawful assembly. Counsel for the petitioner further submits that several co-accused have been granted bail by co-ordinate Benches of this Court as well as by this Court.

Counsel for the informant has appeared and opposed the prayer for bail.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, 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 the Chief Judicial Magistrate, Ara, in connection with Koilwar P.S. Case No.152 of 2019, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) J. Alam/- U T