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Patna High CourtCR. MISC./25231/2017rejected

Lalan Chaudhary 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.25231 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Lalan Chaudhary Son of Ram Pal Chaudhary,

2. Sundar Chaudhary Son of Late Mahadev Chaudhary Both are Resident of Village-Manjhariya, P.s. Yadopur, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== 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 Yadopur P.S. Case No. 21 of 2017 registered for offences under sections 363, 364, 302 of the Indian Penal Code.

In the present case, an allegation has been made that the two victims were kidnapped and killed in the cane filed. The body of one person was recovered from Gorakhpur but another person is traceless.

Learned counsel for the petitioners submits that the police has not recorded any evidence against the petitioners. The

Patna High Court Cr.Misc. No.25231 of 2017 (4) dt.13-07-2017 paragraphs mentioned in the order of the court below do not divulge any participation of the petitioner.

Looking to the nature of allegation alleged against the petitioners, this Court is not inclined to grant privilege of bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners, namely, Lalan Chaudhary and Sundar Chaudhary is rejected.

If the petitioners surrender before the court below within a period of four weeks from today, the court below will consider the prayer for bail of the petitioners and pass orders in accordance with law without being prejudiced by this order. (Shivaji Pandey, J) Rishi/- U T