Nirala Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52389 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- KHAJAULI District- Madhubani ======================================================

1. Nirala Chaudhary, S/o Dinesh Chaudhary,

2. Shiyajee Pandit @ Shivajee Pandit, S/o Gudari Pandit, Both are resident of Village- Khajauli, P.S.- Khajauli, DistrictMadhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Khajauli P.S. Case No. 46 of 2018 registered under Sections 341, 342, 323, 379, and 354(B)/34 of the I.P.C. pending in the Court of A.C.J.M.-III, Madhubani. Submission of learned counsel for the petitioners is that petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioners by contending that there is specific allegation of assault against the petitioners.

Patna High Court Cr.Misc. No.52389 of 2018(3) dt.18-12-2018 2/2 In the paragraph nos. 4 and 5, the injured have sustained several injuries, out of which two injuries are found on the vital part of the body. He further submitted that in paragraph nos. 15 and 16, the independent witnesses have also supported the prosecution version.

Having considered the facts and circumstances of the case, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, this application is rejected. (Arvind Srivastava, J) Shailendra/- U T