Nagmani Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.34396 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34396 of 2017 Arising Out of PS.Case No. -121 Year- 2013 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Nagmani Rai, Son of Ram Sagar Rai, resident of Village- Kalyanpur, P.S.- Bibhutipur, District- Samastipur.

2. Guddu Rai, Son of Binod Rai, resident of Village- Charo Tabhaka, P.S.- Bibhutipur, District- Samastipur.

3. Mishri Rai, Son of Rameshwar Ray, resident of Village- Kalyanpur, P.S.- Bibhutipur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.

The petitioners apprehend their arrest in Bibhutipur P.S. Case No. 121 of 2013 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that two persons died in a motor accident and the villagers of the vicinity blocked the road. They started damaging the vehicle and bent upon to kill the driver of the ambulance.

Learned counsel for the petitioners submits that the petitioners are, ofcourse, named in the FIR but, no specific allegation is made against the petitioners. The name of the

Patna High Court Cr.Misc. No.34396 of 2017 (2) dt.10-08-2017 petitioners surfaced on the disclosure made by the Chowkidar. Similarly situated other accused persons namely Rajesh Kumar @ Rajesh Rai and Raj Kumar Rai and Others have been enlarged on anticipatory bail vide orders passed in Cr. Misc. No. 38883 of 2014 and Cr. Misc. No. 29964 of 2014 respectively. The case of the petitioners stands on the same footing.

Considering the facts aforesaid, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in Bibhutipur P.S. Case No. 121 of 2013, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T