Awadhesh Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23747 of 2016 Arising Out of PS.Case No. -13 Year- 2004 Thana -FATEHPUR District- GAYA ======================================================

1. Awadhesh Bhagat, Son of Damodar Bhagat

2. Sanjay Bhagat Son of Ramchandra Bhagat Both are resident of Village- Nagma Tola, Shivpur, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the accused persons including the petitioners and 3-4 unknown came variously armed and took away the brother of the informant, namely, Manoj Bhagat, subsequently the dead body of the brother of the informant was recovered.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23747 of 2016 (2) dt.26-05-2016 2/2 petitioners that only on suspicion the accusation has been levelled.

Considering the fact that the FIR was registered in 2004 and the petitioners are named in the FIR, this Court is not inclined to grant anticipatory bail to the petitioners in connection with Fatehpur P.S. Case No. 13 of 2004 pending in the court of learned Judicial Magistrate, Ist Class, Gaya. Accordingly, this application is dismissed.

(Dinesh Kumar Singh, J) DKS/- U T