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Patna High CourtCR. MISC./24041/2017rejected

Parmeshwar Mahto @ Parmeshwar Kumar And ORS v. The State Of Bihar

2017-07-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24041 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Parmeshwar Mahto @ Parmeshwar Kumar

2. Munna Kumar Both sons of Godhan Mahto

3. Godhan Mahto son of Late Nathu Mahto Residents of Village - Rani Pakari, P.S. - Muffasil, District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners and counsel for the State.

In the present case, the petitioners are apprehending their arrest in connection with Bettiah Muffasil P.S. Case No. 39 of 2017 for offence under Section 143, 447, 341, 324, 354, 379, 504 of the Indian Penal Code.

As per First Information Report, the victim was running his shop, all of a sudden, all the petitioners, variously armed with iron rod and Pharsa, came there and assaulted the victim. On that account, he was admitted in the hospital. Looking to the entire facts and circumstances of the

Patna High Court Cr.Misc. No.24041 of 2017 (3) dt.05-07-2017 case, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners, namely, Parmeshwar Mahto @ Parmeshwar Kumar, Munna Kumar and Godhan Mahto is rejected.

However, if the petitioners would surrender before the court below within a period of three weeks from today, the court below after looking into the injury report will pass orders on the day of surrender itself without being prejudiced by this order. (Shivaji Pandey, J) Rishi/- U T