Bachu Lal Gayab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48965 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== 1.

BACHU LAL GAYAB Son of Late Shyam Lal Gayab Resident of Mohalla Kathgachhi Police Station- Vishnupad District- Gaya. 2.

Sanjay Lal Gayab Son of Late Shyam Lal Gayab Resident of Mohalla Kathgachhi Police Station Vishnupad District Gaya. 3.

Rajiv Lal Gayab Son of Late Shyam Lal Gayab Resident of Mohalla Kathgachhi Police Station Vishnupad District Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit For the Informant : Mr. Dhananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Vishnupad P.S. Case No. 62 of 2019, disclosing offences under Sections 341, 323, 324, 325, 307, 379, 504 and 34 of the Indian Penal Code.

A supplementary affidavit has been filed on behalf of the petitioners, which is taken on record.

Learned Senior Counsel, appearing on behalf of the petitioners, has submitted that because of certain dispute relating to division of property of the joint family of the petitioner, a false case has been got registered by the informant, at the instance of the agnates of the petitioners. Learned counsel for the informant has submitted that the petitioners have criminal antecedent inasmuch as they were

Patna High Court CR. MISC. No.48965 of 2019(3) dt.19-08-2019 2/2 convicted in one case, though released on probation after conviction, which fact has not been disclosed in the application. seeking anticipatory bail. He further submits that, with similar allegation, a counter case has been registered, giving rise to Vishnupad P.S. Case No. 61 of 2009, in which the informant is an accused and the persons named in the said FIR have been refused anticipatory bail on the ground of their criminal antecedent.

Considering the facts and circumstances, this application is rejected.

However, the petitioners are directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T