Harendra Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19572 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Harendra Rai son of Late Yugeshwar Rai

2. Premi Rai Son of Bijeshwar Rai, Both Residents of Village- Kinaru, P/sManiyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-05-2016 Heard Sri Alok Kumar Alok , learned counsel for the petitioners, Sri Narsingh Tanti, learned A.P.P. and Sri Bipin Kumar, learned counsel for the informant, who has voluntarily appeared to oppose the prayer for anticipatory bail. Two petitioners, apprehending their arrest in connection with Maniyari P.S. Case No. 180 of 2015 registered for the offence under section 307 and other allied sections of the Indian Penal Code, have prayed for grant of bail in the event of their arrest.

It was submitted by learned counsel for the petitioners that land dispute in between the parties was going on and moreover in the present case from perusal of the F.I.R. itself it is apparent that there is no specific accusation against both the

Patna High Court Cr.Misc. No.19572 of 2016 (2) dt.19-05-2016 2/2 petitioners. He further submits that other three accused have already been granted bail. He submits that petitioner no. 1 is aged about 75 years.

Learned A.P.P. as well as Sri Bipin Kumar , learned counsel for the informant have vehemently opposed the prayer for anticipatory bail.

Keeping in view the facts and circumstances particularly the fact that land dispute between parties is going on and the fact that there is no specific accusation against the petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners namely Harendra Rai and Premi Rai be enlarged on bail on furnishing bail bond of Rs. 10000/-(rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri S.K. Jha, Judicial Magistrate 1st Class, Muzaffarpur, in connection with Maniyari P.S. Case No. 180 of 2015 subject to conditions as contemplated under section 438(2) of the Cr.P.C.

(Rakesh Kumar, J) Praful/- U T