Sanjai Rai @ Sanjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41878 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Sanjai Rai @ Sanjay Kumar, S/o Jaynarayan Rai.

2. Ashok Ram, Son of Binda Ram.

All of Village-Majorganj, P.S.-Majorganj, District-Sitamarhi. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr.

For the State : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 16-04-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Majorganj P.S. Case No.209 of 2014 registered under Sections 147, 148, 149, 341, 323, 379, 354, 448, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act pending in the court of the Chief Judicial Magistrate, Sitamarhi. The allegation is that the petitioner no.1 making firing in the air, the petitioner no.2 and four others, named in the F.I.R., alongwith some unknown variously armed entered into the shop of the informant and started to commit loot. In course of which, the petitioner no.1 took Rs.60,000/- from the cash box whereas the

Patna High Court Cr.Misc. No.41878 of 2014 (2) dt.16-04-2015 2/2 petitioner no.2 snatched the gold chain of the informant from his neck and they also told to kill him.

Learned counsel appearing on behalf of the petitioners submits that the petitioners and the informant are co-villagers and the petitioners have falsely been implicated in this case. It is further submitted that the informant and the petitioners have settled their dispute and a compromise petition has also been filed in the trial court in this regard.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within six weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T