← Library
Patna High CourtCR. MISC./46497/2016bail granted

Pawan Rai And ANR v. The State Of Bihar

2016-10-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46497 of 2016 Arising Out of PS.Case No. -237 Year- 2014 Thana -RIGA District- SITAMARHI ======================================================

1. Pawan Rai

2. Binod Rai, both sons of Babu Lal Rai.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are named in the first information report and it is alleged that one Kamlesh Rai gave information to the informant about killing of her husband and after that informant reached at the place of occurrence where she found her husband lying in pool of blood and she also found petitioners and some others standing on the place of occurrence having firearms in their hands. The informant claims that prior to the alleged occurrence co-accused, Babulal Rai and petitioner no. 1 had given threatening to kill her husband. Annexure-3 to the petition goes to show that

Patna High Court Cr.Misc. No.46497 of 2016 (2) dt.24-10-2016 2/2 co-accused, Pramod Rai, Kamod Rai, Arun Rai and Lalan Rai have already been granted privilege of anticipatory bail by a coordinate bench of this court whereas co-accused, Babulal Rai has been released on regular bail by this court. The investigation against the petitioners has already been completed and they do not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 237 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T