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Patna High CourtCR. APP (SJ)/607/2019disposed

Rajnish Singh @ Rajnish Kumar Singh @ Mithu @ Bittu And ORS v. The State Of Bihar

2019-03-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.607 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- SINGHIYA District- Samastipur ======================================================

1. Rajnish Singh @ Rajnish Kumar Singh @ Mithu @ Bittu

2. Awadesh Singh @ Avdesh Singh

3. Pankaj Singh @ Pankaj

4. Manish Singh @ Manish Kumar

5. Vikash Singh @ Vikash Kumar Singh

6. Lapetan Singh @ Lapetan Kumar Singh @ Manoj Singh @ Manoj Kumar Singh ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rana Sanjay Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 Heard the parties.

The appellants seek anticipatory bail in connection with A.B.P.No. 126 of 2019 arising out of Sindhiya P.S.Case No. 164 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code and Sections 3 (i) (r) (s), 3 (2) (va) of the SC/ST Act ( Prevention of Atrocities) Amendment Act..

Allegation as per F.I.R. against the appellants is that the appellants and other unknown 40 to 50 accused persons is of killing the husband of the informant by means of lathi and danda after taking liquor.

Submission of the learned counsel for the appellants is that no specific allegation has been attributed against any of the

Patna High Court CR. APP (SJ) No.607 of 2019 dt.29-03-2019 2/2 appellants, moreover the postmortem report shows about only two injuries, found on the body of the husband of the informant and the injury caused by hard and blunt substance.

Heard learned Special A.P.P. who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the appellants is concerned, I am not inclined to grant bail to the appellants, accordingly, prayer of anticipatory bail is rejected with a direction to the appellants that if the appellants surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of materials available on the record without being prejudiced by this order of this Court. This application is accordingly disposed of on the same day.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR CAV DATE Uploading Date Transmission Date