Manti Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34444 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -RAMPUR District- GAYA ======================================================
1. Manti Kumar, Son of Raghunandan Raut,
2. Hero Kumar, Son of Balmiki Raut, Both are resident of Mohalla- Godavari, Bhairo Asthan, P.S.- Rampur, District- Gaya.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-09-2016 Heard Sri Sanjay Kumar Jha, learned counsel for the petitioners and Sri Narendra Kumar Singh, learned Addl. Public Prosecutor.
Two petitioners, who are named as accused in Rampur P.S. Case No.105/16 registered for the offence under Sections 147,148, 149, 341, 323, 353, 427, 379, 342, 337, 307 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest.
It was submitted by learned counsel for the petitioners that as per F.I.R. itself, a mob have committed occurrence and the police officials were admittedly not in police dress, they were assaulted. He further submits that on perusal of
Patna High Court Cr.Misc. No.34444 of 2016 (2) dt.01-09-2016 2/2 the F.I.R, offence under Section 307 of the Indian Penal Code is not made out. On the aforesaid ground, learned counsel for the petitioners has made a prayer for grant of anticipatory bail. Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.
I have perused the materials on record including the F.I.R. On perusal of the F.I.R. it is evident that the petitioners are named accused. In view of nature of accusation, I do not find any ground to extend the privilege of anticipatory bail to the petitioners.
The petition stands dismissed.
(Rakesh Kumar, J) NKS/- U T