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Patna High CourtCR. MISC./47538/2018dismissed

Mahendra Kapri And ANR v. The State Of Bihar

2018-08-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47538 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -BAUNSI District- BANKA ======================================================

1. Mahendra Kapri, S/o Late Hari Kapri,

2. Sanjay Kapri @ Sanjay Kumar Kapri S/o Mahendra Kapri, Both are R/o Vill.- Sikandarpur, Shyam Bazar, P.S.- Bounsi, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Bounsi P.S.Case No. 86 of 2018, registered for offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is of assault by farsa to the brother-in-law of the informant, causing injury.

Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and both parties are agnate to each other and there is land dispute between the parties. It is also submitted that the petitioners have no criminal

Patna High Court Cr.Misc. No.47538 of 2018 (2) dt.16-08-2018 2/2 antecedents.

Learned A.P.P. as well as learned counsel for the informant, oppose the prayer for bail stating that the injuries are grievous in nature.

n In view of the allegation against the petitioners, above named, I am not inclined to grant bail to the petitioners. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioners that if the petitioners surrender before the Court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T