Patna High CourtCR. MISC./42850/2017rejected

Rakesh Ram @ Gullu @ Rakesh Gullu @ Rakesh Kumar And ANR v. The State Of Bihar

2017-09-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42850 of 2017 Arising Out of PS. Case No.-16 Year-2017 Thana- SULTANGANG District- Patna ====================================================== 1.

RAKESH RAM @ GULLU @ RAKESH GULLU @ RAKESH KUMAR Son of Late Kiran Ram 2.

Nithuri Ram Son of Late Narayan Ram Both residents of Khajoorbanna Khadpar (Ambedkar Colony), P.S. - Sultanganj, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr. MR. MANOJ KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sultanganj P.S.Case N0. 16 of 2017, disclosing offences under Sections 147,148,149,120B,324,448,427,342 of the Indian Penal Code and Sections 3 (a) (b) of the Explosive Substance Act. Allegedly, the petitioners variously armed were attempting to capture land situate behind the house of the Informant illegally and they resorted to firing and hurled bomb. I notice from the statement made in paragraph 3 of the application that petitioner No.1 has criminal antecedent inasmuch as he is involved in three cases for the offences punishable under Sections 396,414, and 392 of the Indian Penal

Patna High Court Cr.Misc. No.42850 of 2017(2) dt.19-09-2017 2/2 Code. There is no question of grant of anticipatory bail to petitioner No.1.

So far as petitioner No.2 is concerned, considering the seriousness of the offence and his association with petitioner No.1, I am not inclined to give the privilege of anticipatory bail to petitioner No.2 also.

This application is, accordingly, rejected.

The petitioners are directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) arun/- U