Niraj Kumar @ Sonu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42779 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -ROSHANGAANJ District- GAYA ======================================================
1. Niraj Kumar @ Sonu Kumar
2. Ranjeet Kumar Both sons of Birendra Prasad Resident of Village- Baital, P.S.- Raushanganj, District- Gaya.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Raushanganj P.S. Case No. 80 of 2016 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
Petitioners are said to have assaulted the informant and his other family members. The informant's father appears to have sustained grievous injury on his hand.
Therefore, taking note of the aforesaid fact as well as submissions of the parties, I do not feel it proper to extend the
Patna High Court Cr.Misc. No.42779 of 2016 (3) dt.15-12-2016 2/2 privilege of anticipatory bail to petitioners and hence, their prayer for anticipatory bail in connection with Raushanganj P.S. Case No. 80 of 2016 pending in the court of Sub Divisional Judicial Magistrate, Sherghati, Gaya stands rejected.
However, if petitioners surrender and seek regular bail before the court below within four weeks from the date of receipt/production of copy of this order, the concerned court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that at best, Section 325 of the Indian Penal Code is applicable in the present case.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T