Patna High CourtCR. MISC./40769/2017dismissed

Shiv Nath Rai And ANR v. The State Of Bihar

2018-02-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40769 of 2017 Arising Out of PS.Case No. -190 Year- 2016 Thana -AMNAUR District- SARAN ======================================================

1. Shiv Nath Rai, son of late Asharfi Rai,

2. Baban Rai @ Baban Kumar, son of Bishwanath Rai, both are resident of village- Goraul, P.S.- Amnour, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Prasad, Advocate For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 08-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Amnour P.S. Case No.190 of 2016 instituted for the offence under Section(s) 147,148, 149, 302 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, 5th, Saran at Chapra. Allegation against the petitioners is that they along with other accused brutally assaulted the father of the informant with deadly weapons on account of which he died. Counsel for the petitioners has submitted that there is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. Case diary has been received. Post mortem report of

Patna High Court Cr.Misc. No.40769 of 2017 (8) dt.08-02-2018 2/2 the deceased is available in the case diary. As per post mortem report, the deceased received as many as eight injuries In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioners for grant of anticipatory bail is rejected.

Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order, if possible, on the same day.

(Sanjay Priya, J) JA/- U T