Patna High CourtCR. MISC./42497/2016rejected

Awadhesh Singh @ Awadhesh Kumar Singh And ANR v. The State Of Bihar

2016-10-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42497 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -BHAWANIPUR DistrictPURNIA =====================================

1. Awadhesh Singh @ Awadhesh Kumar Singh

2. Mukesh Singh @ Mukesh Kumar Singh Both are sons of Naresh Pd. Singh and resident of VillageKarman Chak, P.S. Bhawanipur (Baliya), District Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mrs. Anita Kumari, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Bhawanipur P.S. Case No. 89 of 2016, disclosing offences under Sections 302/34 of the Indian Penal Code.

The petitioners are named in the First Information Report by the informant, who, according to the Fardbeyan, was told by the deceased, when he was breathing his last, that the petitioners and others were

Patna High Court Cr.Misc. No.42497 of 2016 (2) dt.17-10-2016 2/2 responsible for his killing.

Learned counsel for the petitioners has submitted that longstanding enmity between the parties is evident from the First Information Report itself and there is no reason as to why these petitioners would involve in killing of the deceased.

However, considering the gravity of the offence and the fact that the petitioners are named in the First Information Report, I am not inclined to grant them the privilege of anticipatory bail in view of law laid down by the Supreme Court in case of Jai Prakash Singh vs. State of Bihar & Another, reported in (2014) 4 SCC 379. Accordingly, this application for anticipatory bail is, hereby, rejected.

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

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T