Binay Kumar @ Binay Rai @ Bijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72324 of 2019 Arising Out of PS. Case No.-352 Year-2012 Thana- MANER District- Patna ====================================================== 1.

Binay Kumar @ Binay Rai @ Bijay Rai Son of Kameshwar Rai @ Kameshwar Singh Resident of West Suarmarva, P.S.- Maner, District- Patna 2.

Aditya Rai @ Aadil Rai Son of Ambika Rai @ Amika Rai Resident of West Suarmarva, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Manoranjan Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2020 The petitioners, who are in custody since 20.08.2019, seek bail in connection with Maner P.S. Case No. 352 of 2012 dated 03.12.2012 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 307, 384, 379 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners along with others are alleged to have participated in an occurrence in which four persons were left injured. The petitioners are also alleged to have demanded Rangdari tax from such persons who excavated sand from the river bank. The specific allegation of opening fire is on Dilip Rai, injuring Shambhu and Harendra.

Patna High Court CR. MISC. No.72324 of 2019(3) dt.05-03-2020 2/2 Mr. Yogesh Chandra Verma, learned senior advocate for the petitioners has submitted that except for petitioners being named in the FIR and their having been shown to be present at the time of occurrence, there is no specific accusation against them. The animadversion against them regarding their being members of sand mafia is incorrect and is based on no credible source.

The petitioners have clean antecedents.

Considering the period of custody and clean antecedents of the petitioners and nature of accusation against them, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur (Patna) in connection with Maner P.S. Case No. 352 of 2012.

(Ashutosh Kumar, J) krishna/- U T