Patna High CourtCR. MISC./15373/2016rejected

Ramanand Pandit And ORS v. The State Of Bihar

2016-04-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15373 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -LAUKHI District- MADHUBANI ======================================================

1. Ramanand Pandit.

2. Durganand Pandit Both S/o Ram Prasad Pandit.

3. Om Prakash Pandit, S/o Bhaiya Lal Pandit All Resident of Village- Hirpatti, P.S.- Laukahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. For the Informant: Mr. Ashok Kumar Prasad, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2016 Heard both sides.

The petitioners apprehend their arrest in a case under Section 302 and other sections of the Indian Penal Code. The petitioners are alleged to have assaulted the informant and his brother Rajesh Pandit. Rajesh Pandit later on succumbed to his injuries. It is submitted that there is omnibus and general allegations against the petitioners and no specific overt act is alleged against them. Similarly situated co-accused Ram Prasad Pandit and Bhaiya Lal Pandit have already been enlarged on regular bail.

Considering the nature of allegations and the facts that the petitioners assaulted the informant and his brother and the

Patna High Court Cr.Misc. No.15373 of 2016 (2) dt.26-04-2016 2/2 brother of the informant succumbed to his injuries, I am not inclined to enlarge the petitioners on anticipatory bail in Laukahi P.S. Case No. 098 of 2015. Accordingly, the same is rejected. The petitioners, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioners without being prejudiced by this order and taking into consideration that similarly situated accused persons have been enlarged on regular bail.

(Prabhat Kumar Jha, J) Dilip/- U T