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Patna High CourtCR. MISC./11939/2015rejected

Tapeshwar Bharti @ Ram Taspeshwar Bharti And ORS. v. The State Of Bihar

2015-04-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11939 of 2015 (3) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11939 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -DARAUNDA District- SIWAN ======================================================

1. Tapeshwar Bharti @ Ram Taspeshwar Bharti Son of Ram Bachan Bharti Resident of Village - Sirsaun, P.S. - Daraunda, Distt. - Siwan

2. Parashuram Bharati Son of Tapeshwar Bharti @ Ram Tapeshwar Bharti Resident of Village - Sirsaun, P.S. - Daraunda, Distt. - Siwan

3. Sudama Bharti Son of Tapeshwar Bharti @ Ram Tapeshwar Bharti Resident of Village - Sirsaun, P.S. - Daraunda, Distt. - Siwan

4. Kaushal Bharti Son of Tapeshwar Bharti @ Ram Tapeshwar Bharti Resident of Village - Sirsaun, P.S. - Daraunda, Distt. - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners as well as leaned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Daraunda P.S. Case No. 260 of 2014 registered under Sections341, 323, 324, 307, 379/34 of the Indian Penal Code. The allegation against petitioners is that they gave dagger blows to the informant as well as one, Subodh Kumar Singh and furthermore, the informant and the aforesaid Subodh Kumar Singh were assaulted by associates of the petitioners with fist and Hockey sticks.

Patna High Court Cr.Misc. No.11939 of 2015 (3) dt.09-04-2015 Considering the facts and circumstances of the case as well as submission of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioners and, accordingly, their prayer for anticipatory bail in connection with Daraunda P.S. Case No. 260 of 2014 stands rejected. However, if petitioners surrender and seek regular bail before the court below within four weeks from today, the concerned court shall consider the regular bail application of the petitioners on its own merit, without being prejudiced by this rejection order, particularly, keeping in mind the specific allegation, attributed against the petitioners as well as nature of injuries, sustained by the injured persons.

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