Ram Prit Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32755 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -DIGHWARA District- SARAN ======================================================

1. Ram Prit Singh son of Late Jamuni Singh

2. Shashi Bhushan Singh @ Shashi Kant Singh @ Kumar Shashi Kant, son of Ram Prit Singh, both are resident of village Shitalpur Babu Tola, Police Station Dighwara in the district of Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushant Kumar, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in Dighwara P.S. case No.80 of 2016 registered under Sections 341, 323, 326(A), 307 and 504/34 of the Indian Penal Code, pending before the court of Additional Chief Judicial Magistrate-II, Saran at Chapra.

Allegation is that the accused persons including the petitioners abused and assaulted the informant by lathi and danda and her family members and also thrown acid on them. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.32755 of 2016 (3) dt.16-12-2016 2/2 present case. It is a case and counter case between the parties. Specific allegation has been alleged against co-accused Ravi Bhushan Singh as per paragraph 23 of the case diary. General and omnibus allegation has been made against the petitioners. No specific injury has been attributed against them. On behalf of the State, it is submitted that the petitioners are named in the F.I.R. Six persons are said to have been injured in course of the occurrence. The petitioners have also participated in the alleged occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Prayer for anticipatory bail is rejected. Anyhow if the petitioners surrender in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order taking into account the other co-accused Ravi Bhushan Singh @ Ravi Kant Singh has already been granted regular bail vide Cr.Misc.No.35186 of 2016.

(Sudhir Singh, J) Narendra/- U T