Pradeep Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14322 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -BANMANKHI District- PURNIA ======================================================

1. Pradeep Sah Son of Late Banarsi Sah

2. Mukesh Sah @ Mukesh Kumar Son of Late Banarsi Sah Both are Resident of Pipara P.S. Banmankhi, District Purnea. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajit Kumar Singh, Advocate For the Opposite Party : Mr. Anand Mohan Prasad Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Banmankhi P.S. Case No. 156 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 of the Indian Penal Code.

On behalf of the petitioners it is submitted that there is case and counter case, both sides have received injury, the informant and his men are aggressor in this case, the injury found on the person of the informant and his brother are grievous but not dangerous to life. The allegations are general and omnibus, there is no specific allegation against the petitioners and, as such, the petitioners deserve sympathetic consideration.

Patna High Court Cr.Misc. No.14322 of 2017 (2) dt.08-05-2017 2/2 The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that corresponding injuries have been found and the injuries are on vital part.

In the facts and circumstances as stated above, considering the allegations attributed against the petitioners, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected in connection with Banmankhi P.S. Case No. 156 of 2016, pending in the Court of learned A.C.J.M.-VI, Purnea.

However, in case and if so advised the petitioners surrender and seek regular bail then their prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T