Ramashish Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7747 of 2018 Arising Out of PS.Case No. -113 Year- 2017 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Ramashish Singh, S/o Late Bhola Singh,

2. Raushan Kumar, S/o Sri Ramashish Singh, Both R/o Village- Sihma, Ward No.18, P.S.- Matihani in the District of Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-03-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Matihani P.S. Case No. 113 of 2017 instituted for the offence under Sections 326 and 302/34 of the Indian Penal Code. The prosecution case in short is that younger son of the informant was taken away by Kanhaiya Kumar and Golu Kumar on Motorcycle and they both took the son of the informant to the house of the petitioner where it is alleged that this petitioner along with Golu Kumar, Raushan Kumar, Kanhaiya Kumar and Ajay Kumar and some other unknown persons committed his murder by sharp cutting weapon as well as firearms. The son of

Patna High Court Cr.Misc. No.7747 of 2018 (3) dt.05-03-2018 2/2 the informant was taken to Sadar Hospital from where he was referred to Alexia Hospital, but ultimately he died during course of treatment.

Case diary has been received.

Learned A.P.P. has submitted that in paragraph-35 of the case diary it is mentioned that the son of the informant was found in injured condition in the house of the petitioners. The post mortem report is also available in paragraph-32 of the case diary from which it appears that he sustained firearm and sharp cutting injury on his person.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail which shall be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T