Rajesh Kumar Chandra @ Rajesh Chandra And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18452 of 2017 Arising Out of PS.Case No. -158 Year- 2015 Thana -DULHIN BAZAR District- PATNA ======================================================
1. Rajesh Kumar Chandra @ Rajesh Chandra, Sipahi No. 211, son of late Privichand Sah, residents of village Bariti, P.S. Raza Paker, Distt. Vaishali, presently posted as B.M.P. -6, Muzaffarpur.
2. Sikandar Kumar Manjhi, Sipahi No. 168, son of late Moti Lal Manjhi, residents of village Sandha, P.S. Chapra Mufassil, Distt. Saran (Chapra).
3. Ashutosh Kumar Rana, Sipahi No. 205, son of Sri Rameshwar Singh, residents of village Sadhpur Chatra, P.O. Daudpur, Distt. Saran.
4. Anil Kumar, Sipahi No. 618, son of Sri Gupteshwar Ram, residents of village Penar, P.S. Nokha, Distt. Rohtas.
5. Manish Kumar, Sipahi No. 640, son of Sri Gorakh Mahto, residents of village Siswania, P.S. Chanpatia, Distt. West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Basant Kumar Singh, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Dulhin Bazar P.S. Case No. 158 of 2015 instituted for the offence under Sections 341, 323, 325, 353 and 34 of the Indian Penal Code. It is alleged in the written report that the petitioners who were the constables in Bihar Police assaulted the informant who was Hawaldar, with lathi in the train on account of dispute with regard to the seat. It has further been alleged that the petitioner who was constable, did not obey the order of the informant (Hawaldar) and misbehaved with him.
Patna High Court Cr.Misc. No.18452 of 2017 (3) dt.30-06-2017 2/3 Case diary has been received.
The Supervising Authority found the allegation true. The injury found on the person of the informant was caused by hard and blunt substance.
In such circumstances, this Court does not find it a fit case for grant of anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioners stands rejected. He may surrender before the court below and make prayer for regular bail.
(Sanjay Priya, J) S.Ali/- U T
Patna High Court Cr.Misc. No.18452 of 2017 (3) dt.30-06-2017 3/3