Malti Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25424 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. MALTI DEVI, Wife of Shiv Nandan Paswan @ Dadhi Paswan,
2. Ujagir Paswan, Son of Late Sarju Paswan,
3. Bhikhar Singh @ Barmhadeo Singh, Son of Late Rameshwar Singh,
4. Shivnandan Paswan @ Dadhi Paswan, Son of Late Sarju Paswan, All are Resident of Village- Mahapur, P.S.- Nokha, District- Rohtas. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr.Krishna Prasad Singh,Sr.Adv. Mr. Rakesh Singh, Adv.
For the Opposite Party/s : Mr. Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2017 Heard Sri Krishna Prasad Singh, learned Senior Counsel, assisted by Sri Rakesh Singh, learned counsel for the petitioners and Mrs. Gulnar Begam, learned Addl. Public Prosecutor.
Four petitioners, who are named as accused along with number of accused persons in Nokha P.S. Case No.67/2017 registered for the offence under Sections 307, 353, 427, 506, 504, 272, 273, 341, 332, 336, 224, 323, 147, 148 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.
It was submitted by learned Senior Counsel
Patna High Court Cr.Misc. No.25424 of 2017 (2) dt.13-07-2017 2/2 appearing on behalf of the petitioners that petitioners have falsely been implicated in the present case. He further submits that of course, in the F.I.R. it was alleged that police party was attacked by accused, but none of the police officers have received any serious injuries. On the aforesaid ground, a prayer has been made for extending the privilege of anticipatory bail. However, considering the fact that in the F.I.R. itself it has been disclosed that while petitioner no.4 was apprehended in intoxicant state, the F.I.R. named accused and villagers had prevented the police to discharge their duties and had also assaulted the police. The Court is of the opinion that it is not a fit case for extending the privilege of anticipatory bail. The petition stands dismissed.
(Rakesh Kumar, J) NKS/- U T