Patna High CourtCR. MISC./6503/2017rejected

Radhey Shyam Rai @Radhey Shyam Ra Andanr v. The State Of Bihar

2017-04-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6503 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Radhey Shyam Rai @ Radhey Shyam Ra, son of Late Ram Sevak Rai,

2. Shyam Kumar @ Shyam Kumar Yadav, Son of Ram Karan Rai, Both are Resident of Village Maithi, P.S. Gaighat, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sucheta Yadav, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/324/326/379/504/34 of the Indian Penal Code. For land dispute allegation against the petitioner Radhey Shyam Rai @ Radhey Shyam Ra is to have caused injury with farsa at the head of the informant. Allegation against Shyam Kumar @ Shyam Kumar Yadav to have caused injury at the head of the informant with iron rod. The doctor has found altogether three injury at the scalp of the informant caused by hard and blunt substance.

Submission of the petitioners is that there is no allegation

Patna High Court Cr.Misc. No.6503 of 2017 (4) dt.13-04-2017 2/2 of repetition of blow by the petitioners. The injuries found by the doctor is not consistent with the prosecution case. Considering the fact that petitioners had knowledge that their act might cause death, I am not inclined to grant anticipatory bail to the petitioners in connection with Gaighat Police Station Case No. 111 of 2016, pending in the Court of Mr. Suresh Kumar Roy, J.M. 1st Class, Muzaffarpur.

Accordingly, the prayer for anticipatory bail is refused. (Birendra Kumar, J) Mkr./- U T