Rajesh Sah @ Rajeshwar Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42749 of 2015 Arising Out of PS.Case No. -140 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================
1. Rajesh Sah @ Rajeshwar Prasad Gupta son of Late Dhanik Lal Sah Resident of Village - Tariyama, Police Station - Bakhtiyarpur, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Section 307 and other sections of the Indian Penal Code. The petitioner is an order giver and on his order other accused person, namely, Ram Kumar Sah, is said to have fired. Chandrasekhar and other accused persons are alleged to have also assaulted the informant and others.
It is submitted that there is no specific allegation of assault against the petitioner. There is a counter version. It appears that, of course, the petitioner is order giver but anticipatory bail petition of other accused persons has already been disposed of by this court and they have been enlarged on
Patna High Court Cr.Misc. No.42749 of 2015 (4) dt.07-12-2015 2/2 regular bail.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below and prays for regular bail, the court below shall consider the prayer for regular bail of the petitioner taking into consideration that similarly situated accused, who are alleged to have assaulted the informant, have already been enlarged on bail and without being prejudiced from the order of this court.
(Prabhat Kumar Jha, J) BKS/- U T