Allowed

Jai Narayan Rai @ Jai Narain Rai and Anr. v. The State Of Bihar

Patna HC16 Jul 2014CR. MISC./11176/2014

Case brief

AI extract

What is this about?

Hon'ble Single Bench allowed bail to the petitioners in a murder and arms offence case under Sections 302 IPC and 27 Arms Act, finding the allegation is limited to being order givers while firing is attributed to co-accused.

What did the court decide?

Petitioners released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of AdditionalChief Judicial Magistrate, Danapur.

Jai Narayan Rai @ Jai Narain Rai and Anr. Vs The… — Murder and Culpable Homicide | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.11176 of 2014

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Arising Out of PS.Case No. -620 Year- 2013 Thana -DANAPUR District- PATNA ====================================================== 1. Jai Narayan Rai @ Jai Narain Rai Son Of Late Parash Rai 2. Dinesh Rai @ Chuha Son Of Late Parash Rai Both Are Resident Of Village Danapur, Daldali Road, P.S. Danapur, District Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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3 16-07-2014 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant, who has suo motu appeared.

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The petitioners seek bail in G. R. No. 3610 of 2013 arising out of Danapur P.S. Case No. 620 of 2013 dated 06.11.2013 instituted under Sections 147/148/149/302 of the Indian Penal Code and 27 of the Arms Act.

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Patna High Court Cr.Misc. No.11176 of 2014 (3) dt.16-07-2014

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Learned counsel for the petitioners submits that there is allegation of them being the order givers but the specific allegation of firing is upon three other named co-accused. It is submitted that in the F.I.R. itself the allegation is that there was a mob of 14 named and 8-10 others who had taken part in the crime but the informant, who is the uncle of one of the deceased and also is eye witness, has only alleged that the petitioners ordered the others to kill the deceased upon which three other specifically named co-accused have resorted to firing. It is submitted that the petitioner no. 1 is accused in one other case being Danapur P.S. Case No. 557 of 2013 under Sections 384/427/34 of the Indian Penal Code in which he has been falsely implicated and has been granted bail by the court below itself. It is submitted that the petitioner no. 2 has no criminal antecedent and both of them are in custody since 27.11.2013. Learned counsel submits that named coaccused, Suraj Kumar and Rajesh Kumar have been granted bail on 14.05.2014 in Cr. Misc. No. 8728 of 2014, Lalli Sharma @ Lalliya Sharma @ Lalli on 09.06.2014 on Cr. Misc. No. 23250 of 2014 and Sandeep Rai on 11.06.2014 in Cr. Misc. No. 23529 of 2014 by co-ordinate Benches of this Court.

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Learned A.P.P., upon going through the case diary, and learned counsel for the informant oppose the prayer for bail.

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Patna High Court Cr.Misc. No.11176 of 2014 (3) dt.16-07-2014

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However, learned A.P.P. does not dispute the fact that against the petitioners the only allegation is that they were order givers. Learned counsel for the informant submits that Vikki Rai, Riki Rai and Manoj @ Makori @ Mokari have been denied bail on 18.04.2014 in Cr. Misc. No. 7750 of 2014 and also Pinku Jaiswal @ Vishwajit Jaiswal @ Wishwjit Jaiswal has been denied bail the second time on 09.07.2014 in Cr. Misc. No. 27623 of 2014 by coordinate Benches of this Court.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in G. R. No. 3610 of 2013 arising out of Danapur P.S. Case No. 620 of 2013. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall lead to cancellation of their bail bonds.

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(Ahsanuddin Amanullah, J.)

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Anjani/-

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U T

Jai Narayan Rai @ Jai Narain Rai and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jai Narayan Rai @ Jai Narain Rai and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

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