Patna High CourtCR. MISC./44293/2016rejected

Bhagwan Lal Sardar And ANR v. The State Of Bihar

2016-10-22Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.44293 of 2016 (2) dt.22-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44293 of 2016 Arising Out of PS.Case No. -260 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================

1. BHAGWAN LAL SARDAR, SON OF BHOGESHWAR SARDAR,

2. BHAVI LAL SARDAR @ BHAKI LAL SARDAR, SON OF BHOGESHWAR SARDAR, BOTH ARE RESIDENT OF VILLAGEBALA BAKHAR, POLICE STATION- PHULPARAS, DISTRICTMADHUBANI. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Harun Quareshi, Advocate. For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Phulparas P.S. Case No. 260 of 2015 registered under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code pending in the court of A.C.J.M.-II, Jhanjharpur. The accusation is that when the informant reached near the house of the petitioners then father of the petitioner surrounded and started to abuse him. In the meantime, petitioners came having Khanti and Katta in their hand and cause injury to the informant, on which, he fell down. At that time, father of the

Patna High Court Cr.Misc. No.44293 of 2016 (2) dt.22-10-2016 petitioner also caused injury through Lathi. Thereafter, informant rushed to D.M.C.H. Muzaffarpur, from where, he was referred to the P.M.C.H., Patna, for better treatment.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the Court below within four weeks and prayer for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T