Birendra Bind And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.9343 of 2015 (2) dt.09-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9343 of 2015 Arising Out of PS.Case No. -104 Year- 2014 Thana -PARAIYA District- GAYA ======================================================

1. Birendra Bind

2. Sukhu Bind @ Sukhla Bind Both sons of late Parmanand Bind

3. Budhan Bind son of Chandra Bind

4. Dharmendra Bind son of late Parmanand Bind All are resident of Village - Uttari Bazar, Paraiya, P.S. - Paraiya, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.03.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

The allegation against the petitioners is that they assaulted informant and others.

The contention on behalf of the petitioners is that there is case and counter case between the parties and persons from both sides sustained injury. It is also contended by him that even if the prosecution story assumed to be true, then also, there is specific allegation of assault only against petitioner no.4, namely, Dharmendra Bind and so far as rest petitioners are concerned, there is omnibus allegation of assault against them. It is further contended by him that co-accused Panpati Devi and five others have already been admitted to anticipatory bail by this court vide order dated 12.01.2015 passed in

Patna High Court Cr.Misc. No.9343 of 2015 (2) dt.09-03-2015 Cr. Misc. no. 1091/2015.

Considering the facts and circumstances as well as submissions of the parties, prayer for anticipatory bail of these petitioners stands rejected.

However, petitioners are directed to surrender before the Chief Judicial Magistrate, Gaya in connection with Paraiya P.S. case no. 104/2014 within four weeks from today and seeks regular bail and if they do so, the Chief Judicial Magistrate, Gaya shall consider regular bail application of the petitioners and pass appropriate order on the day of their surrender, particularly, keeping in mind the specific allegation levelled against each of the petitioners. shahid (Hemant Kumar Srivastava,J) U T