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Patna High CourtCR. MISC./43487/2019dismissed

Raju Sah v. The State Of Bihar

2019-07-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43487 of 2019 Arising Out of PS. Case No.-327 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== 1.

RAJU SAH Son of Bhuneshwar Sah R/o Village- Baydhnathpur P.S. Sahebganj, District- Muzaffarpur.

2.

Munna Sah Son of Bhuneshwar Sah R/o Village- Baydhnathpur P.S. Sahebganj, District- Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Chakia P.S. Case No. 327 of 2018 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

Allegation as per FIR is that 25-30 dacoits entered inside the house of the informant, assaulted his wife and looted away ornaments and cash. Petitioner are not named in the FIR and later on their names transpired on the basis of confessional statement of co-accused.

Submission of learned counsel for the petitioners is that they are not named in the FIR and their names transpired in the confessional statement of co-accused and there is recovery

Patna High Court CR. MISC. No.43487 of 2019(2) dt.16-07-2019 2/2 from the house of Bhuneshwar Sah and petitioners are sons of said Bhuneshwar Sah.

Heard learned APP also.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. They may surrender and pray for regular bail. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T