Kishore Prasad And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.33305 of 2016 (2) dt.20-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33305 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Kishore Prasad , Son of Poshan Bhagat
2. Mansoor Alam, Son of Khalik Miya
3. Chintu Kumar, Son of Suresh Prasad
4. Dilip Mahto Son of Chulhayee Mahto
5. Anil Prasad, @ Anil Sah, Son of Bilash Sah, All Resident of villageBaburban, Police Station- Rajepur, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 168 of 2015 registered under Sections 147, 149, 341 and 302 of the Indian Penal Code pending in the court of A.C.J.M.-IV, Motihari, East Champaran. The accusation is that, on 09.05.2015, in course of returning of Barat Party, villager of village Tikam, namely, Awadhesh Kumar, Ramji Prasad, Binay Kumar, Lal Babu Prasad and others proceeded to see off the Barat Party. In that course, 9 persons named in the F.I.R. including the petitioners and others,
Patna High Court Cr.Misc. No.33305 of 2016 (2) dt.20-08-2016 who were on Mini Tracktor pulled to Ramji Prasad and Awadhesh Kumar on truck and dashed from there and Awadhesh Kumar died in course of treatment.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. (Rajendra Kumar Mishra, J) Bhardwaj/- U T