Jai Mangal Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33524 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -TARARI District- BHOJPUR ======================================================

1. Jai Mangal Pandey S/o Late Ram Lakhan Pandey

2. Brijkishor Pandey @ Nata Pandey S/o Jai Mangal Pandey Both are residents of Village Panpura, P.S. Tarari, District -Bhojpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Uday Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-08-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code registered in connection with Tarari P.S. Case No. 35 of 2016.

3. It is submitted that the thrust of accusation of committing assault is on co-accused Niraj Pandey. The petitioners are attributed with carrying Rama (Khanta) but the injury report does not support the assault therewith as there is no sharp cut injury.

4. Considering that the petitioner no. 1 is said to have assaulted on the head of the informant with Rama (Khanta) and petitioner no. 2 held the informant while co-accused Niraj Pandey assaulted by means of iron rod and that one of the injuries is grievous in nature, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The bail petition stands dismissed.

(Vikash Jain, J) B.T/-Ibrar U T