Patna High CourtCR. MISC./18634/2020dismissed

Uday Pandey v. The State Of Bihar

2020-07-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18634 of 2020 Arising Out of PS. Case No.-383 Year-2019 Thana- BHAGWAN BAZAR District-Saran ==========================================================================

1. Uday Pandey, Son of Ram Kumar Pandey, Resident of Village - Garahi Tir, P.S. - Bhagwan Bazar, Distt- Saran at Chapra.

2. Pappu Singh, Son of Surendra Singh, Resident of Village - Chhatradhari Bazar, P.S. - Bhagwan Bazar, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-07-2020 Heard Mr. Dewendra Narayan Singh, learned Advocate for the petitioners and the, learned APP for the State. The petitioners seek bail in anticipation of his arrest in connection with Bhagwan Bazar P.S. Case No. 383 of 2019 dated 12.08.2019 instituted for the offences under Sections 341, 323, 427, 324, 385, 594, 506 and 34 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioners that the allegations have been over-exaggerated and the injuries suffered by the victims are all simple in nature.

However, regard being had to the nature of accusation against the petitioners and the manner of occurrence as reported in the FIR, I am not inclined to grant anticipatory bail to them. Accordingly, the prayer for anticipatory bail is rejected. However, if the petitioners surrender before the court below and seek bail, the court below shall look into the entire set of facts and shall pass an order in accordance with law without being prejudiced by the fact that the present petition has not been entertained. (Ashutosh Kumar, J) krishna/- U T