Patna High CourtCR. MISC./5729/2015rejected

Ramdeo Kushwaha @ Ramdev Kushwaha And ANR v. The State Of Bihar

2015-02-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5729 of 2015 Arising Out of PS.Case No. -339 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ramdeo Kushwaha @ Ramdev Kushwaha

2. Banti Kumar @ Anupam Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

At the very outset, learned counsel for the petitioners points out that the petitioner No. 1 has already been arrested and accordingly, his prayer for anticipatory bail stands dismissed being infructuous.

The Petitioner No. 2 apprehends his arrest in connection with Deepnagar P.S. Case No. 339 of 2014 registered under Sections-341, 323, 307, 379, 385, 504, 506/34 of the Indian Penal Code.

So far as petitioner No. 2 is concerned; he is named in the first information report and it is alleged that he as well as co-accused assaulted the informant with Lathi and Danda and also

Patna High Court Cr.Misc. No.5729 of 2015 (2) dt.11-02-2015 2/2 snatched his belongings. The impugned order of learned Sessions Judge reveals that both the injured have sustained grievous injuries.

Therefore, considering the facts and circumstances as well as submission of the parties, I am not inclined to grant privilege of anticipatory bail to petitioner No. 2 namely, Banti Kumar @ Anupam Kumar and accordingly, his prayer for anticipatory bail in connection with Deepnagar P.S. Case No. 339 of 2014 pending in the court of Sub Divisional Judicial Magistrate, Nalanda at Bihar Sharif stands rejected.

However, if, the petitioner No. 2 namely, Banti Kumar @ Anupam Kumar surrenders in the court below and seeks regular bail, this order shall not cause any prejudice to the learned court below at the time of consideration of regular bail application of the petitioner No. 2.

(Hemant Kumar Srivastava, J) A.K.V./- U T