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Patna High CourtCR. MISC./30571/2017rejected

Baleshwar Ram And ORS v. The State Of Bihar

2017-07-12Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30571 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Baleshwar Ram, Son of Late Bhola Ram

2. Budhan Ram, Son of Mehi Ram

3. Savitri Devi, Wife of Budhan Ram

4. Rajesh Ram, Son of Budhan Ram

5. Sunita Devi, Wife of Rajesh Ram All resident of Village- Kahra, P.S.- Saharsa, District- Saharsa.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. Petitioners apprehend their arrest in connection with Saharsa Sadar P.S. Case No.7 of 2017 registered under Sections 147, 148, 149, 341, 342, 323, 307, 353, 224, 225, 188, 333, 336, 395, 504 and 506 of the Indian Penal Code.

Allegation is that when police party reached to apprehend a wanted accused in another case, all accused persons started assaulting the police party with various arms and also looted rifle and cartridges of police party and the same was recovered later on kept in a bamboo cluster.

Learned counsel for the petitioners submits that there

Patna High Court Cr.Misc. No.30571 of 2017 (2) dt.12-07-2017 2 / 2 is general and omnibus allegation against the petitioners, nothing is specific, looted rifle was not recovered from the house of these petitioners.

Having considered the nature of the offence, prayer for anticipatory bail on behalf of the petitioners is rejected in connection with Saharsa Sadar P.S. Case No.7 of 2017, pending in the court of the learned Chief Judicial Magistrate, Saharsa. If the petitioners surrender and seek regular bail, the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) S.Kumar/- U T