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Patna High CourtCR. MISC./45824/2015rejected

Ramanand Das And ORS v. The State Of Bihar

2015-10-30Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45824 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -BARABAR TOURIST District- JEHANABAD ======================================================

1. Ramanand Das Son of Late Ramchandra Das

2. Deepak Kumar Son of Mindra Das

3. Mindra Das Son of Late Dev Lal Das All are resident of village - Mahagupur, P.S. Barabar Paryatan, District - Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath, Adv For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-10-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for the offences punishable under Sections341, 323, 324, 307, 427/34 of the Indian Penal Code and this Court having also found that the alleged injury given by the two petitioners, has been fully corroborated in the injury report and such injuries were though simple but on the vital portion of the body, would not be inclined to grant the privilege of anticipatory bail to the petitioners only on the ground that there is a counter case in which they have also sustained injuries. As a matter of fact, if

Patna High Court Cr.Misc. No.45824 of 2015 (2) dt.30-10-2015 that was the case, learned counsel for the petitioners ought to have annexed such injury report on the side of the petitioners.

That being so, the prayer for anticipatory bail of the petitioners is hereby rejected.

Nonetheless, the petitioners will definitely have a right to seek regular bail. Therefore, if the petitioners would surrender before the Court below and make prayer for regular bail, their cases would be decided on its own merit without being prejudiced by anything said in this order.

(Mihir Kumar Jha, J) Ranjan/- U