Kapal @ Kapil Rai @Kapildeo Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49200 of 2015 Arising Out of PS. Case No. -124 Year- 2015 Thana -LALGANJ District- VAISHALI (HAJIPUR) ======================================================

1. Kapal @ Kapil Rai @ Kapildeo Rai, Son of Bhagya Narain Rai, Resident of village - Badauli, P.S. Lalganj, District - Vaishali

2. Jugal Kishore Singh, Son of Late Asharfi Singh, Resident of village - Bahaura, P.S. Raja Pakar, District - Vaishali at Hajipur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. A. A. Khan (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that in fact the occurrence took place in a different family and the petitioners have been falsely implicated on account of village politics.

It appears from the F.I.R. that 10-15 persons including the petitioners entered the premises of the informant with sharp cutting weapon and assaulted the informant's brother

Patna High Court Cr.Misc. No.49200 of 2015 (3) dt.14-12-2015 2 / 2 and one Nilu Devi.

In this view of the matter, I am not inclined to grant anticipatory bail to the petitioners. Their prayer for grant of anticipatory bail is rejected. However, if the petitioners surrender before the court below and pray for regular bail, the same would be disposed of on the same day without being prejudiced by this order.

(Samarendra Pratap Singh, J.) Uday/- U T