Raj Kumar Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46039 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Raj Kumar Pandey

2. Babu Saheb Pandey Both sons of Ram Ishwar Pandey, R/o Village- Marpa Sripal, P.S.- Majorganj, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03-11-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Sections 147, 148, 149, 323, 324, 337, 307, 379, 504, 506 of the Indian Penal Code, this Court would not find any error in the order of the Sessions Judge rejecting the prayer for anticipatory bail of the petitioners, inasmuch as, he has very correctly analyzed and differentiated the case of the petitioners with rest of the other co-accused to whom he has already granted anticipatory bail. In fact, the injury allegedly made by the petitioners has been substantiated in the injury report of the doctor. That being so, the prayer for anticipatory bail of the petitioners, namely, Raj Kumar Pandey and Babu Saheb Pandey

Patna High Court Cr.Misc. No.46039 of 2015 (2) dt.03-11-2015 for offence under Section 307 and other allied offences of the Indian Penal Code cannot be allowed but, nothing said in this order shall come in the way of the petitioners in surrendering and making a prayer for regular bail, which shall be considered on its own merit, without being prejudiced in any manner by this order. (Mihir Kumar Jha, J) Rishi/- U T