Uday Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67038 of 2019 Arising Out of PS. Case No.-466 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.
UDAY RAI Son of Late Ram Jeewan Rai Resident of Village- Danaganj, P.S.- Naubatpur, District- Patna.
2.
Neeraj Rai @ Neeraj Kumar @ Niraj Yadav Son of Uday Rai Resident of Village- Danaganj, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Sinha For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Naubatpur PS Case No.466/19 registered for offences punishable under Sections 341, 323, 307, 34 of the Indian Penal Code.
As per FIR, petitioner and one more person assaulted the informant by Talwar and Lathi causing injury. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against him and the petitioners are own brother of the informant . Heard learned A.P.P. and the learned counsel for the informant, who has appeared suo motu and submitted that the
Patna High Court CR. MISC. No.67038 of 2019(3) dt.23-10-2019 2/2 petitioners are also accused in one more case and the trial is going on but in spite of that the same has not been mentioned in para 3 of this application. Informant was referred to the PMCH for treatment. .
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T