Binod Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 1283 of 2016 Arising Out of PS.Case No. -446 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================
1. Binod Jha Son of Late Ramashray Jha
2. Krishna Jha son of Sri Binod Jha
3. Kanhaiya Jha Son of Binod Jha All resident of village Uchti, P.S. Biraul, Distt. Darbhanga .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rangesh Singh Mr. Shambhu Nath Jha For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
16-02-2016 Heard Sri Rangesh Singh, learned counsel, who was assisted by Sri Shambhu Nath Jha, learned counsel for the petitioner and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Biraul P.S. Case no. 446 of 2015 registered for the offence under Sections 341, 323, 448, 324, 307, 504, 506 and 34 of the Indian Penal Code, have prayed for grant of anticipatory bail. It was submitted by learned counsel for petitioners that on perusal of the F.I.R. and injury report, it is evident that there is contradiction. He further submits that the case has been lodged due to family feud and as such, the prayer has been made for extending the privilege of anticipatory bail.
Patna High Court Cr.Misc. No.1283 of 2016 (3) dt.16-02-2016 2/2 Besides hearing, I have also perused the materials available on record. In the F.I.R. itself, there is specific material against the petitioners.
In view of the facts and circumstances, I do not find any ground for extending the privilege of anticipatory bail. It goes without saying that if the petitioners surrender before the court below within a period of six weeks from today and make a prayer for regular bail, the learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law, preferably on the same date.
(Rakesh Kumar, J.) Anay U T