Raja Ram Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48697 of 2018 Arising Out of PS. Case No.-208 Year-2017 Thana- PARIHAR District- Sitamarhi ======================================================

1. Raja Ram Rai, S/o Late Lal Deo Rai

2. Jitendra Kumar, S/o Sri Hardeo Rai

3. Rajnandan Rai @ Binod Rai, S/o Late Lal Deo Rai All residents of Village Bela Khap, P.S.- Parihar, DistSitamarhi. ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Parihar P.S. Case No. 208 of 2017 for the offence under Sections 341, 323, 379, 436, 506, 504, 354/34 of the Indian Penal Code.

After some argument, learned counsel for the petitioners does not want to place the application for grant of anticipatory bail of petitioner no.2, namely, Jitendra Kumar. Accordingly, the prayer for grant of anticipatory bail to petitioner no.2, namely, Jitendra Kumar is dismissed as withdrawn with liberty to the petitioner to surrender before the court below and pray for regular bail.

In the event, the petitioner no.2 surrenders before the

Patna High Court Cr.Misc. No.48697 of 2018(2) dt.11-12-2018 2/2 court below and pray for grant of regular bail, the court below is directed to dispose of the application for grant of bail on the same day on its own merit without being influenced by the dismissal of the application for grant of anticipatory bail by this Court.

Considering the fact that petitioner nos. 1 and 3 have got no criminal antecedent and on consideration of the fact that the petitioners and the informant belongs to the same family and they reside in the common house, the petitioner nos. 1 and 3, namely, Raja Ram Rai and Rajnandan Rai @ Binod Rai, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-6th, Sitamarhi in connection with Parihar P.S. Case No. 208 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T