Patna High CourtCR. MISC./19844/2017rejected

Naresh Giri And ORS v. The State Of Bihar

2017-07-06Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.19844 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19844 of 2017 Arising Out of PS.Case No. -426 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Naresh Giri, Son of Basudeo Giri

2. Ganesh Giri Son of Basudeo Giri

3. Budhan Giri Son of Basudeo Giri

4. Mohan Giri Son of Naresh Giri

5. Kundan Giri Son of Budhan Giri All Resident of Village- Jaitpur Mathia, P.S.- Udwantnagar, District Bhojpur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Adv. For the Opposite Party/s : Mr. Rajeev Nayan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Udwantnagar P.S. Case No.426 of 2016, registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.

Number of persons including the petitioners have assembled and inflicted fatal injury to the victim, which resulted into the death of the victim.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.19844 of 2017 (3) dt.06-07-2017 there is no allegation against the petitioners to have participated in the crime.

Looking to the nature of allegation and their presence at the scene of offence, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for bail is rejected. If the petitioners surrender before the Court below within four weeks from today and pray for bail, the Court below will examine the materials available on record including the fact that some of the accused persons have been granted bail and pass appropriate order without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T