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Patna High CourtCR. MISC./7395/2019disposed

Manoj Sah And ORS v. The State Of Bihar

2019-02-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7395 of 2019 Arising Out of PS. Case No.-290 Year-2017 Thana- AMARPUR District- Banka ======================================================

1. Manoj Sah, aged about 47 years, (M), Son of Late Shyam Sunder Sah

2. Kewal Sah @ Kewal Kumar, aged Resident of Village - Kmarkhal,

3. Bimal Sah @ Bimal Kumar, aged about 19 years, Male, Son of Manoj Sah all Resident of Village - Kmarkhal, P.S.- Amarpur, District-Banka. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the IPC. Though, it is submitted that accusation of assault is not being corroborated by the medical opinion and the similarly situated co-accused persons have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, vide order dated 08.08.2018, passed in Cr. Misc. No. 45179 of 2018, but since the impugned order suggests that the petitioners have been declared absconder, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the prayer for bail of the petitioners is

Patna High Court Cr.Misc. No.7395 of 2019(2) dt.08-02-2019 2/2 rejected.

However, let the learned Court below consider the prayer for regular bail if he surrenders within a period of four weeks, without being prejudiced by the order of this Court, in connection with Amarpur P.S. Case No. 290 of 2017, pending in the Court of learned Chief Judicial Magistrate, Banka. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T