This is an oral order granting regular bail to the petitioners in a complaint case under Section 386 IPC, conditioned upon their surrender to the trial court within six weeks.
Application disposed with direction to Sub-Divisional Judicial Magistrate, West Muzaffarpur to consider prayer for regular bail if petitioners surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6913 of 2015
Arising Out of PS.Case No. -116 Year- 2008 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR
====================================================== 1. Ranjit Rai S/o Dinesh Rai 2. Pappu Rai S/o Chandeshwar Rai Both R/o vill- Matihani, p.s- Paroo, District- Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar 2. Rajeshwar Thakur S/o Late Jagdish Thakur r/o vill- Kataru P.S. Paroo, Dist- Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. A.Dayal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-02-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 386 of the Indian Penal Code.
It is alleged that the petitioner no. 2 Pappu Rai inflicted injury on the finger of the informant with knife and snatched Rs. 1250/- whereas petitioner no. 1 Ranjit Rai snatched the bag containing jewellary.
It is submitted by the learned counsel for the petitioners that for the occurrence of 24.01.2008 the complaint was filed on 28.01.2008 and petitioners was not
Patna High Court Cr.Misc. No.6913 of 2015 (2) dt.20-02-2015
2
aware about the filing of the complaint. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. The delay in ventilating the accusation through complaint constitutes ground for regular bail.
Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 116 of 2008, pending in the court of learned Sub-Divisional Judicial Magistrate, West Muzaffarpur.
With this observation this application is disposed
of.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether grant of regular bail is warranted given the delay in filing the complaint.
Ranjit Rai
Pappu Rai
The State of Bihar
Rajeshwar Thakur
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
