Patna High CourtCR. MISC./411/2017rejected

Kameshwar Rai And ORS v. The State Of Bihar

2017-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.411 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Kameshwar Rai, son of Late Newa Rai,

2. Umesh Paswan, son of Surendra Paswan,

3. Birendra Rai, son of Late Haribansh Rai,

4. Saurav Rai, son of Birendra Rai,

5. Raja Kumar @ Raja Kumar Rai @ Avinash Kumar, s/o Lutan Rai, All are resident of Village - Mohamadpur Pojha, P.S. - Garaul, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Nilesh Kumar : Mr. Babita Kumari For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2017 The petitioners are apprehending their arrest in connection with Goraul P.S. Case No. 121 of 2016, registered for offences punishable under Sections 302 & 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that though petitioners are named in the F.I.R but from perusal of F.I.R. it appears that there is no eye-witness to the alleged occurrence and the petitioners' name has come in this case only on the basis of suspicion. It has further been submitted that the petitioners have no criminal antecedents.

Patna High Court Cr.Misc. No.411 of 2017 (2) dt.16-01-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that in the impugned order itself it is mentioned that several witnesses have named these petitioners alleging that the petitioners have beaten the deceased to death on the allegation of theft, in my opinion it is not a fit case for grant of anticipatory bail, it is accordingly rejected.

However, if the petitioners surrender before the Court below and pray for regular bail, the Court below shall consider the prayer of the petitioners, on its own merit without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U