Soman Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.39069 of 2014 (5) dt.23-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39069 of 2014 Arising Out of PS.Case No. -129 Year- 2013 Thana -KISHANPUR District- SUPAUL ======================================================

1. Soman Sah son of Late Kari Sah

2. Deep Narayan Sah @ Dip Narayan Sah son of Late Mohan Sah

3. Rajesh Kumar son of Ram Krishan Sah @ Ram Kishun Sah

4. Ganga Prasad Sah Son of Late Ram Krishan Sah @ Ram Kishun Sah All are resident of village - Bagena, P.S. Kishanpur, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kishanpur P.S. Case No. 129 of 2013 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 325, 307 of the Indian Penal Code.

The prayer for anticipatory bail of petitioner no. 1, namely, Soman Sah has already been withdrawn. So far as rest petitioners are concerned, they are very much named in the first information report with allegation that they assaulted the informant and one Pawni Devi in retaliation of

Patna High Court Cr.Misc. No.39069 of 2014 (5) dt.23-06-2015 murder of one Vikash Kumar.

Learned counsel appearing for the rest petitioners submits that informant was made accused in the murder of Vikash Kumar and he lodged the present case to create his defence. He also submitted that in the first information report, it has been mentioned that the informant was assaulted by means of dagger but no sharp cutting injury has been found on the person of the informant.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioners no. 2, 3 and 4 and accordingly, their prayer for anticipatory bail in connection with Kishanpur P.S. Case No. 129 of 2013 pending in the court of Chief Judicial Magistrate, Supaul stands rejected. However, this order shall not cause any prejudice to the competent court at the time of consideration of regular bail application of the petitioners.

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