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Patna High CourtCR. MISC./25064/2017rejected

Sonu Bhagat And ANR v. The State Of Bihar

2017-07-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25064 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Sonu Bhagat

2. Deepak Bhagat Both are son of Chando Bhagat @ Chandra Kishore Bhagat, Both Resident of Dhamdaha Hatia, Police Station- Dhamdaha, DistrictPurnea. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Dhamdaha P.S. Case No. 38 of 2017 registered for offences under sections 302/120(B)/34 of the Indian Penal Code.

The deceased and the petitioners were running the Committee and the deceased had kept Rs. 18,000 of the Committee. The accused persons told the Informant as to why he was not paying back the said amount and said that his brother will not remain to use the said amount. An allegation has been made that, thereafter, all the accused persons formed an assembly and started assaulting,

Patna High Court Cr.Misc. No.25064 of 2017 (2) dt.13-07-2017 they have taken away the deceased to the maize field and gave knife blow on him due to which he sustained severe injuries, ultimately succumb to death.

Looking to the nature of offence, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners, namely, Sonu Bhagat and Deepak Bhagat is rejected. If the petitioners surrender before the court below, the court below will consider their prayer for bail and shall pass orders in accordance with law without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T