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Patna High CourtCR. MISC./50471/2024rejected

Ravi Kumar @ Ravi Chaudhary v. The State Of Bihar

2024-12-11Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50471 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Ravi Kumar @ Ravi Chaudhary S/o Madan Chaudhary R/o Village Karbandiya, PS Sasaram, Distt Rohtas 2.

Manish Kumar @ Manish Chaudhary S/o Madan Chaudhary R/o Village Karbandiya, PS Sasaram, Distt Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sasaram(M) P.S Case No. 241 of 2023 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504, 302 of the Indian Penal Code and 27 of the Arms Act.

3. As per prosecution case, petitioners along with coaccused have assaulted the family of the informant by means of sword, iron rod and pistol.

4. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence. It is further submitted that petitioners are the villagers of the

Patna High Court CR. MISC. No.50471 of 2024(3) dt.11-12-2024 2/2 informant and due to village politics, they have been implicated in this case.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. From perusal of the F.I.R., impugned order and case diary, it appears that petitioners are named in FIR, petitioner along with co-accused persons have assaulted to Rohit Kumar due to which he died during treatment. There is specific allegation against the petitioners.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioners.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

9. However, if petitioners surrendered before the trial court within a fifteen days from today, learned trial Court is directed to dispose off the bail petition without being prejudice of this order.

(Ramesh Chand Malviya, J) Mayank/- U