Patna High CourtCR. MISC./26937/2016rejected

Sanjeet Rai @ Sanjeet Kumar @ Sanjit Rai @ Sanjit Kumar And ORS v. The State Of Bihar

2016-07-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26937 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================

1. Sanjeet Rai @ Sanjeet Kumar @ Sanjit Rai @ Sanjit Kumar, s/o Radha Mohan Rai

2. Deepak Rai @ Deepak Kumar Roy, S/o Bikku Rai

3. Sumit Rai @ Sumit Kumar, S/o Nathuni Rai.

All 1-3 are residents of Village Rambhadrapur, P.S. Kalyanpur, District - Samastipur.

4. Bhikhari Rai @ Pravesh Kumar, S/o Ram Udesh Rai, Resident of Village Ratwara, P.S. Kalyanpur, District - Samastipur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with GRP(SPJ) P.S. Case No.13 of 2015 (T.R. No.1189 of 2015), registered for the offence punishable under Sections 341, 323, 379, 354, 509 and 504/34 of the Indian Railways Act.

As per the case of the petitioners the police called them on notice under Section 41 of the Criminal Procedure Code. In pursuance to the aforesaid notice, they appeared and they have

Patna High Court Cr.Misc. No.26937 of 2016 (2) dt.05-07-2016 2/2 been released on PR bonds.

The petitioners have already surrendered before the police, so the question of anticipatory bail does not arise as it is not maintainable in view of the observations given in the case of Mahendra Prasad Singh vs. State of Bihar, reported in 2004(3) PLJR, 491.

If the petitioners surrender before the Court below within three weeks from today and pray for bail, the court below will consider the application on the same day and pass order in accordance with law.

(Shivaji Pandey, J) pawan/- U