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Patna High CourtCR. MISC./42813/2014rejected

Rajan Ram v. The State Of Bihar

2015-04-10Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42813 of 2014 Arising Out of PS. Case No. -7 Year- 2014 Thana -VALMIKINAGAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Rajan Ram Son of Yogendra Ram Resident of Village - Lav-Kush Ghat, P.S.- Valmiki Nagar, District - West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46854 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -VALMIKINAGAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Prem Kushwaha Son of Lakhraj Kushwaha, Resident of village - Nawka Tola Bhariyani, P.S. Valmikinagar, District - West Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.42813 of 2014) For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Veena Kumari Jaiswal, APP (In Cr.Misc. No.46854 of 2014) For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-04-2015 Since both the matters arise out of common police station case, therefore, they have been heard together and are being disposed of by this common order.

The petitioners of both the cases seek bail in a criminal prosecution registered under Sections 353, 307 of the Indian Penal Code, 27 of the Arms Act as also under Sections 33, 41 and 42 of the Indian Forest Act.

Taking into consideration the fact that both the petitioners are named in the F.I.R. vide Annexure-1 as accused and they are alleged to have fired upon the patrolling party and

Patna High Court Cr.Misc. No.42813 of 2014 (3) dt.10-04-2015 2/2 further taking into consideration the fact that they are involved in other criminal cases also, besides the present one, this Court is not inclined to accede to the prayer made on their behalf for grant of bail at this stage. Accordingly, their prayer for bail in connection with Valmiki Nagar P.S. Case No. 7 of 2014, pending in the court of learned A.C.J.M., Bagaha (West Champaran) is rejected for the present.

However, the petitioners shall be at liberty to renew their prayer for bail on completion of one year in judicial custody. (Birendra Prasad Verma, J) BTiwary/- U T