Patna High CourtCR. MISC./27806/2020rejected

Nageshwar Rai @ Baleshwar Rai v. The State Of Bihar

2021-01-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27806 of 2020 Arising Out of PS. Case No.-368 Year-2019 Thana- DIGHWARA District- Saran ====================================================== 1.

NAGESHWAR RAI @ BALESHWAR RAI S/o Late Ram Briksh Rai 2.

Santosh Rai @ Santosh Kumar Rai S/o Nageshwar Rai @ Baleshwar Rai 3.

Ashok Rai @ Ashok Kumar Rai S/o Nageshwar Rai @ Baleshwar Rai 4.

Manoj Rai @ Manoj Kumar Rai S/o Nageshwar Rai @ Baleshwar Rai All are Resident of Village-Basti Jalal, P.S-Dighwara, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,307,379,504,506 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is case and counter case. Petitioners' side had also sustained injury which would be evident from the statement in the counter case.

Considering the nature of allegation against the petitioners disclosed in the FIR of commission of assault with the weapons in their hand as well as considering the injury

Patna High Court CR. MISC. No.27806 of 2020(3) dt.20-01-2021 2/2 report, in my view, this is not a fit case for grant of anticipatory bail. Hence, prayer is refused in connection with Dighwara P.S.Case No.368 of 2019 pending in the court of learned Chief Judicial Magistrate, Saran at Chapra.

Petitioners may surrender and pray for regular bail. The prayer for bail shall be considered by the court below without being prejudiced by this order. (Birendra Kumar, J) Nitesh/- U T