Jitu Kumar @ Jitendra Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 39154 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -BARBIGHA District- SHEIKHPURA ======================================================
1. Jitu Kumar @ Jitendra Kumar, son of Bindu Mahto @ Bindu Prasad
2. Santosh Kumar son of Suresh Mahto
3. Sunil Kumar @ Sonil Kumar son of Alakh Mahto @ Alakh Prasad All Resident of village-Sarva, P.S.-Barbigha, District-Sheikhpura. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Dr. Anjani Pd. Singh For the Opposite Party/s : Sri Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
21-09-2016 After some argument, Dr. Anjani Prasad Singh, learned counsel for petitioners, in presence of Sri Ram Anurag Singh, learned Addl. Public Prosecutor, makes a prayer for disposal of the present petition so that petitioners may appear before the court below and make a prayer for regular bail. Learned counsel for petitioners submits that ofcourse Section 307 of the Indian Penal Code has been incorporated in the F.I.R., but there is no material to suggest commission of such offence.
The Court appreciates the submission of learned counsel for petitioners, but it is opinion of the Court that in such cases, instead of extending the privilege of anticipatory bail,
Patna High Court Cr.Misc. No.39154 of 2016 (2) dt.21-09-2016 2/2 petitioners can be asked to appear before the court below and make a prayer for regular bail. If within a period of six weeks from today, the petitioners appear before the court below and make a prayer for regular bail, the learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law, preferably on the same date.
The petition stands disposed of.
(Rakesh Kumar, J.) Anay U T