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Patna High CourtCR. MISC./29762/2021dismissed

Bikau Rai v. The State Of Bihar

2022-01-05Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29762 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

BIKAU RAI Son of Jaibir Rai Resident of Village - Goglak Tol, P.S.- Nanpur, Distt.- Sitamarhi.

2.

Bindeshwar Rai Son of Jaibir Rai Resident of Village - Goglak Tol, P.S.- Nanpur, Distt.- Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar-I, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 05-01-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Nanpur P.S. Case No.399 of 2020 instituted for the offences under Sections 341, 323, 324, 325, 307, 354(A), 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the incident took place on 22.09.2020 and the F.I.R. has been registered on 23.09.2020, which itself shows that there is after thought in lodging of the F.I.R. The allegations made are imaginary and the name of the petitioner has wrongly mentioned. The petitioner, therefore, deserves anticipatory bail. I find that there is specific allegation against the

Patna High Court CR. MISC. No.29762 of 2021(2) dt.05-01-2022 2/2 petitioners of having caused head injury on the injured. Thus, no case for anticipatory bail.

I am not inclined to grant benefit of anticipatory bail to the petitioners.

Accordingly, the same is dismissed.

(Sanjeev Prakash Sharma, J) amit/- U T