Mahesh Das @ Mahesh Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40246 of 2020 Arising Out of PS. Case No.-92 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.

MAHESH DAS @ MAHESH RAVIDAS Son of Shiv Balak Ravidas, Resident of Village - Shekhodeora, P.S. - Kowakole, District - Nawada. 2.

AJAY RAVIDAS Son of Shiv Balak Ravidas, Resident of Village - Shekhodeora, P.S. - Kowakole, District - Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

The petitioners apprehend their arrest in connection with Kowakole P.S. Case No. 92/2020 registered for offence punishable under sections 147, 148, 149, 341, 323, 324, 447, 448, 302, 307 and 504 of the Indian Penal Code. As per allegation, the FIR named 17 accused persons including the present petitioners came to the house of the

Patna High Court CR. MISC. No.40246 of 2020(7) dt.19-01-2022 2/3 informant and badly assaulted his brothers, namely, Jitendra Ravidas (deceased) and Dharmendra Ravidas (deceased). They also assaulted the mother of the informant and made her injured. The injured Jitendra Ravidas and Dharmendra Ravidas, including the informant and his wife were referred to the hospital. The doctors of Kawakole Government Hospital, perceiving serious condition of Jitendra Ravidas and Dharmendra Ravidas, referred them Nawada. Jitendra Ravidas and Dharmendra Ravidas both died during the course of treatment in Sadar Hospital, Nawada.

The learned counsel for the petitioners has submitted that the allegation against the petitioners is general and omnibus in nature and there is no specification about the attribution towards infliction of the injuries on the deceased persons. He has also submitted that both the deceased sustained three injuries on their persons, whereas according to allegation, 17 accused persons have assaulted them.

The petitioners are named in the FIR. There is allegation that they, along with other accused persons named in the FIR, badly assaulted both the deceased Jitendra Ravidas and Dharmendra Ravidas, who lost their lives during the course of treatment. As such, in my opinion, the petitioners are not

Patna High Court CR. MISC. No.40246 of 2020(7) dt.19-01-2022 3/3 deserving the privileges of anticipatory bail. Accordingly the prayer for anticipatory bail is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T