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Patna High CourtCR. MISC./25775/2018dismissed

Ashok Singh And ORS v. The State Of Bihar

2018-06-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25775 of 2018 Arising Out of PS. Case No.-126 Year-2014 Thana- SINGHIYA District- Samastipur ======================================================

1. Ashok Singh, S/o Late Hare Krishna Singh,

2. Gaurav Kumar Singh @ Gaurav Singh S/o Ashok Singh,

3. Sanu Kumar Singh S/o Ashok Singh,

4. Prince Kumar Singh son of Sadanand Singh, All are R/o Vill.- Lagma P.S.- Singhiya , District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad Singh For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Singhiya P.S. Case No. 126 of 2014 instituted for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code.

There is allegation in the written report that while the husband of the informant was returning after taking grass and reached near Akali Pokhar near Dera of Umesh Singh, these petitioners along with other accused persons armed with deadly weapons assaulted the husband of the informant due to which, he received multiple injuries and died in the way while being taken to hospital.

Patna High Court Cr.Misc. No.25775 of 2018(4) dt.27-06-2018 2/2 Case diary has been received.

Learned APP on going through the case diary pointed out paragraph nos. 12 and 13 of the case diary wherein the statement of eye witnesses namely Ajay Singh and Pankaj Kumar Singh have been recorded. They have levelled specific allegation against these petitioners. It further appears from the impugned order that these petitioners have absconded during trial. The trial of these petitioners was separated from trial of other co-accused Tulsi Kumar Singh on 29.05.2016. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners stand rejected.

Petitioners may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T