Surendra Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.14517 of 2015 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14517 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -ISUAPUR District- SARAN ======================================================

1. Surendra Rai son of Late Turi Rai

2. Jitendra Rai son of Surendra Rai Both are resident of village- Usari Kala, P.S. Isuapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Isuapur P.S. Case No. 131 of 2014 registered for the offences punishable under Sections 147, 149, 323, 324, 307, 504, 506, 109 of the Indian Penal Code.

No doubt, there is case and counter case between the parties but petitioners are named in the first information report with accusation that having armed with deadly weapons they along with others assaulted the informant as a result thereof, informant sustained altogether four injuries including one grievous injury.

Patna High Court Cr.Misc. No.14517 of 2015 (2) dt.09-04-2015 The contention on behalf of the petitioners is that there is no specific allegation of assault against these petitioners and the informant has sustained only one injury said to be caused by sharp cutting weapon and the aforesaid injury has been found simple in nature.

Taking note of the aforesaid submissions as well as totality of the prosecution case, I am not inclined to grant the privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Isuapur P.S. Case No. 131 of 2014 pending in the court of Chief Judicial Magistrate, Saran at Chapra stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioners and furthermore, the concerned court at the time of consideration of regular bail application of the petitioners shall take note of allegation levelled against the petitioners and other accused as well as nature of injury sustained by the informant.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T