Baiju Bhindwar @ Baidyanath Bhindwar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11863 of 2018 Arising Out of PS. Case No.-121 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Baiju Bhindwar @ Baidyanath Bhindwar, son of Ram Murti Bhindwar. 2.

Shebu Bhindwar @ Shibu Bhindwar @ Shebu Kumar Bhindwar, son of Dev Murti Bhindwar.

Both are resident of Village Suggapatti, P.S. Phulpras, Dist. Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Phulpras P.S. Case No. 121 of 2017 registered for offences under sections 147, 148, 149, 323, 324, 326, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

From the First Information Report, it appears that both the sides were intending to take possession of the land measuring 4 Katha. The firearms have been used for taking forceful possession of the land in which it has been alleged that the petitioner no.1 caused firearm injury on the person of Sant Kumar and the petitioner no.2 has also caused firearm injury on

Patna High Court Cr.Misc. No.11863 of 2018(2) dt.27-02-2018 2/2 Chandani Kumari.

Looking to the nature of allegation as also the entire fact and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners, namely, Baiju Bhindwar @ Baidyanath Bhindwar and Shebu Bhindwar @ Shibu Bhindwar @ Shebu Kumar Bhindwar is rejected.

If the petitioners surrenders before the court below and make a prayer for bail, the court below, without being influenced by this order as also considering that other coaccused persons have been granted bail, will pass orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T