Patna High CourtCR. MISC./39147/2015rejected

Rajesh Kumar @ Rajesh Singh And ORS v. The State Of Bihar

2015-09-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39147 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Rajesh Kumar alias Rajesh Singh Son of Raja Ram Singh

2. Ramawadhesh Singh Son of Banshidhar Singh

3. Jagnarain Singh Son of Banshidhar Singh

4. Nitish Kumar alias Nitish Singh Son of Jagnarain Singh All are residents of Village- Bhagirath tola, P.S Dinara, District- Rohtas. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Dinara P.S. Case No 36 of 2015, disclosing offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners referring to the First Information Report and submitted that there is specific allegation against Ram Kumar Singh of having assaulted the deceased leading to his death whereas against these petitioners, though there is allegation of making indiscriminate firing but this is evident from the First Information Report that the firing, made

Patna High Court Cr.Misc. No.39147 of 2015 (2) dt.28-09-2015 2/2 by these petitioners did not lead to any injury on the deceased. However, keeping in view the fact that the petitioners are named in the First Information Report in a case registered for the offence punishable under Section 302 of the Indian Penal Code and there is allegation of their participation in commission of crime, I am not inclined to grant the petitioners privilege of anticipatory bail. The petitioners are directed to surrender before the court below within six weeks 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 present application for grant of anticipatory bail.

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