Suresh Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.90 of 2017 Arising Out of PS.Case No. -922 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================

1. Suresh Das, S/o Babuan Das

2. Ajay Das

3. Chandan Kumar Both Sons of Suresh Das

4. Ramu Das, S/o Bihari Das All Residents of Village- Nariyar Ward No.06, Police Station & DistrictSaharsa .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjeev Verma, Advocate For the Opposite Party : Mr. Dinesh Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Saharsa Sadar P.S. Case No. 922 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354 and 379 of the Indian Penal Code.

It is alleged that on the date of occurrence accused Suresh Das and Chandan Das assaulted the informant on his knee with iron rod due to which his leg was fractured and when his brother Kailash Das came to save him then accused Suresh Das assaulted causing head injury. The Xerox copy of injury report has

Patna High Court Cr.Misc. No.90 of 2017 (2) dt.10-01-2017 2/2 been enclosed as Annexure-3 wherein doctor has found simple injury on the left leg of Sanjay Das and injury on head of the brother of the informant, namely, Kelu Das. The learned Sessions Judge has rejected the prayer of anticipatory bail of the petitioner stating that there is specific allegation against all the petitioners for participating in the offence.

After looking into the injury report and the specific allegation against these petitioners, this court does not find any reason to interfere with the finding of the learned Sessions Judge. Accordingly this court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly, this anticipatory bail petition is hereby rejected in connection with Saharsa Sadar P.S. Case No. 922 of 2016.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of in accordance with law preferably on the same day without being prejudiced by this order. (Sanjay Priya, J.) ravi/- U T