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Patna High Court - Orders

Subhash Chandra Rai & Anr vs The State Of Bihar on 28 May, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.13432 of 2014
                 ======================================================
                 1. Subhash Chandra Rai
                 2. Ram Pratap Rai
                    Both Sons of Late Bindhachal Rai
                                                                     .... .... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

2   28-05-2014

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Both the petitioners, who are languishing in custody, seek bail in a case registered under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act, are named accused in this case of double murder, but as submitted, except their alleged presence, there is absolutely nothing against these two petitioners, whereas, the specific accusations are against non-petitioners, Guddu Rai, Mantu Rai, Ramesh Rai and Chandan Rai. Further, as submitted, none of these two petitioners carry any criminal antecedent except three, such as:

(i) Rajpur P.S. Case No. 31 of 1984, (ii) Rajpur P.S. Case No. 50 of 1994 and (iii) Rajpur P.S. Case No. 15 of 2003, wherein, they are on bail.

If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Patna High Court Cr.Misc. No.13432 of 2014 (2) dt.28-05-2014 2/2 Magistrate, Buxar, in connection with Rajpur P.S. Case No. 223 of 2013, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Praveen-II/-