Baijnath Das @ Baidyanath Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43812 of 2016 Arising Out of PS.Case No. -119 Year- 2015 Thana -BELSAND District- SITAMARHI ======================================================

1. Baijnath Das @ Baidyanath Das

2. Rambhu Das Both son of Ramashish Das Resident of village - Madhkaul, Police Station Belsand, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Belsan P.S. Case No. 119 of 2015 registered under Sections 302 and 120B/34 of the I.P.C. pending in the Court of C.J.M., Sitamarhi.

The allegation of informant is that on 16.11.2015 in the evening at 05:30 pm. petitioners along with four others have committed the murder of his son Ram Babu Sahni under conspiracy with a view to grab the money as his son had sold the D.J.

Learned counsel appearing on behalf of the petitioners submits that only it has come in the F.I.R. that

Patna High Court Cr.Misc. No.43812 of 2016 (2) dt.19-10-2016 2/2 deceased, son of the informant was called by this petitioner on mobile and in course of investigation, nothing has been collected by the Investigating Officer to show that this petitioner has talked to the son of the informant.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, this application is rejected. However, petitioners are directed to surrender before the Court below and pray for regular bail, which shall be decided on its own merit without being prejudiced by this order.

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