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Patna High CourtCR. MISC./18966/2020disposed

Suraj Bhagat v. The State Of Bihar

2020-07-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18966 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- SIDHWALIA District-Gopalganj ==========================================================================

1. Suraj Bhagat, Son of Late Vijadhar Bhagat

2. Pramod Prasad, Son of Suraj Bhagat

3. Amod Prasad, Son of Suraj Bhagat

4. Akhilesh Kumar, Son of Pramod Prasad

5. Mithlesh Kumar, Son of Pramod Prasad

6. Ruman Prasad, Son of Late Ramjanam Prasad, All are residents of Village -Larauli, P.S.- Sidhwalia, District -Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kaushalendra, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2020 Heard Mr. Kumar Kaushalendra, learned Advocate for the petitioners and Mr. Chandra Bhushan Prasad, learned APP for the State.

Learned Advocate for the petitioners seeks permission to withdraw the application with respect to petitioners no. 1 and 2. Their applications are dismissed as withdrawn. So far as petitioners no. 3, 4, 5 and 6 are concerned, they seek bail in anticipation of their arrest in connection with Sidhwalia P.S.

Case No. 209 of 2019 instituted for the offences under Sections 341, 323, 324, 326, 307, 504 and 34 of the Indian Penal Code. Regard being had to the nature of accusation in the FIR regarding the assault, I am not inclined to grant anticipatory bail to the petitioners no. 3, 4, 5 and 6.

Their petition for anticipatory bail is rejected. However, if they surrender before the court below and seek bail, their petition shall be considered on its own merit without being prejudiced by the fact that the present petition on their behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T