Patna High CourtCR. MISC./13376/2018dismissed

Vijay Singh And ANR v. The State Of Bihar

2018-04-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13376 of 2018 Arising Out of PS.Case No. -486 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Singh, Son of Late Mahanth Singh

2. Manish Singh, Son of Raj Kishore Singh. Both Resident of VillageYadavpur, P.S.-Harsidhi, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 The petitioners are apprehending their arrest in connection with Harsidhi P.S. Case No. 486 of 2017, registered for offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant, who according to the learned counsel for the petitioners as well as informant, died.

It has been submitted on behalf of the petitioners that though there is allegation against the petitioners is of assault to the informant, who later on died, but earlier the injuries caused to the informant (deceased) was found to be simple in nature and against petitioner no. 2, there is only allegation that he assaulted the

Patna High Court Cr.Misc. No.13376 of 2018 (2) dt.05-04-2018 2/2 informant (deceased0 on his eyes.

Heard learned A.P.P. as well as learned counsel for the informant, they opposed the prayer for bail.

Having heard both sides, considering the fact that there is allegation against the petitioners that they assaulted the informant, who later on died, I am not inclined to grant the privilege of anticipatory bail to the petitioners. This application is accordingly dismissed.

However, they may surrender before the court below and pray for regular bail and if any such application is filed the court below after considering the facts and circumstances as well as merit of the case, shall pass an appropriate order, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T