Sanjay Baitha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40648 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjay Baitha, S/o Makhan Baitha,

2. Ranjay Baitha S/o Makhan Baitha, Both R/o Vill.- Pakariya, P.S.- Madhuban, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Madhuban P.S.Case No. 105 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioners and other accused persons is of assault by knife, causing injury to the deceased. Submission of learned counsel for the petitioners is that both the parties are agnates though it is alleged that petitioners have given dagger blow but the lacerated injuries were found on the person of deceased and co-accused, who is father of the petitioner, has been granted bail by a co-ordinate Bench of this Court.

Patna High Court Cr.Misc. No.40648 of 2018 (2) dt.16-07-2018 2/2 Heard learned APP also.

Having heard both sides and in view of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioners.

However, if the petitioners surrender and pray for regular bail, the same shall be considered by the court below on its own merit, without being prejudiced by this order and to be disposed of on the same day, if possible.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U