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Patna High CourtCR. MISC./44554/2015dismissed

Ram Shreshtha Thakur v. The State Of Bihar

2015-12-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44554 of 2015 Arising Out of PS.Case No. -282 Year- 2014 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Ram Shreshtha Thakur Son of Late Panchu Thkur Resident of Village - Chhajan Uttarwari Tola, P.S.- Kudhani, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Verma, Adv. For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

18-12-2015 Heard both sides.

The petitioner apprehends his arrest in Kudhani (Turki O.P.) P.S. Case No. 282/2014, registered for the offences punishable under Section 302 and other sections of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that they all conspiring with each other killed his disabled brother. Chunnu Choudhary assaulted his brother.

It is submitted that no specific allegation is made against the petitioner. Specific allegation of assault is made against Chunnu Choudhary. It appears that the petitioner is named in the FIR and they are alleged to have assaulted along with Chunnu

Patna High Court Cr.Misc. No.44554 of 2015 (3) dt.18-12-2015 2/2 Choudhary causing death of the brother of the informant hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders before the court below, learned court below shall consider the prayer for regular bail taking into account that similarly situated all other accused persons have already been enlarged on regular bail and dispose of the bail petition preferably on the same day. (Prabhat Kumar Jha, J.) Vinita/- U T