Patna High CourtCR. MISC./36758/2014rejected

Ram Kishore Sah And ANR v. The State Of Bihar

2015-04-09Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36758 of 2014 Arising Out of PS.Case No. -100 Year- 2013 Thana -BELA District- SITAMARHI ======================================================

1. Ram Kishore Sah Son of Late Jagdeo Sah

2. Shekhar Sah @ Chandra Shekhar Kumar Son of Ram Kishore Sah Both resident of village- Nocha, P.S.- Bela, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the two petitioners facing prosecution for offence under Section 448, 323, 324, 307, 504/34 of the Indian Penal Code, this Court would not be inclined to grant privilege of anticipatory bail to the petitioners because the doctor examining injury of the injured has found wound on vital portion of the body as is clearly mentioned in paragraph no.5 and 6 of the order of the Sessions Judge. As a matter of fact, when in the first information report also it was clearly alleged that the petitioners with other accused persons armed with Bhala and Farsa had given blows on the injured, this Court in presence of corroborating injuries would find the allegation made by the informant to be primafacie true which in

Patna High Court Cr.Misc. No.36758 of 2014 (2) dt.09-04-2015 turn would make the petitioners liable to surrender and seek regular bail.

That being so, the prayer for anticipatory bail of the petitioners is rejected but it is made clear that if the petitioners surrender and seek regular bail, their such prayer shall be considered on its own merit and also without being prejudiced in any manner by any thing said in this order.

(Mihir Kumar Jha, J) Rishi/- U T